Alec Baldwin: What is involuntary manslaughter and the expected sentence?

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Alec Baldwin is set to be charged with two counts of involuntary manslaughter in connection to the on-set death of Halyna Hutchins, the Santa Fe District Attorney has said.

New Mexico First Judicial District Attorney Mary Carmack-Altwies said on Thursday that Rust armourer Hannah Gutierrez-Reed will also face two charges of involuntary manslaughter.

The Santa Fe DA said that Mr Baldwin and Ms Gutierrez-Reed will be “charged in the alternative” with two counts of manslaughter.

This means that a “jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty,” the DA said in a statement.

For the first charge of involuntary manslaughter to be proved “there must be underlying negligence”.

The DA added that it also “includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law”.

The second charge cited by the DA is “involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death”.

Ms Carmack-Altwies said the second charge also includes a “firearm enhancement, or added mandatory penalty, because a firearm was involved”.

According to the New Mexico Legal Group, an Albuquerque law firm, involuntary manslaughter “is the unintentional killing of a person while committing a misdemeanor criminal offense”.

The firm’s website states that “involuntary manslaughter can also occur if a person is engaging in a lawful act but unintentionally kills someone by being negligent or not exercising due care”.

The DA said in her statement that “under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine”.

The charge of involuntary manslaughter in the commission of a lawful act “is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine,” the DA said.

“The firearm enhancement makes the crime punishable by a mandatory five years in jail,” the statement said.