Following the fatal shooting, New Mexico lawmakers lowered the standards to apply the added penalty and increased potential prison time from three to five years. Baldwin's lawyers say the inclusion of the firearm enhancement is an 'unconstitutional and elementary legal error.'
The actor and producer of the low-budget Western faces up to six-and-a-half years in prison under a recently-amended firearm enhancement statute. But that enhancement was enacted seven months after the fatal shooting. The change lowered the standards to apply the added penalty and increased potential prison time from three to five years.
In a motion to dismiss the charge filed on Friday, Baldwin’s lawyers say that the prosecution committed an “elementary legal error.”
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