A deadly encounter with unexpected results

Legal experts say Alec Baldwin has alternatives when it comes to the potential prison he could face for the fatal shooting of Halyna Hutchins.

Baldwin was charged with two counts of involuntary manslaughter after a gun he was holding on the set of “Rust” was fired. Baldwin is currently the target of a new civil suit brought by the Hutchins family. Director Joel Souza was injured by the shot, which also killed the cameraman.

The actor faces up to 18 months in prison or a mandatory five years if found guilty of adding weapons to the prosecutor’s involuntary manslaughter charge.

Legal experts consulted by Fox News digital discussed the pros and cons of accepting Baldwin’s plea, a lawsuit, and other choices.

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A plea deal may be offered to Alec Baldwin.

Before the case goes to trial, the prosecutor may present Baldwin with a plea deal.

“An advantage of anyone entering into a plea deal is that it can speed up the process and avoid a lawsuit,” attorney Kate Mangels of the law firm Kinsella Weitzman Iser Kump Holley told Fox News Digital. “If a defendant is concerned about information that may come out publicly during the trial and the effect of that information on them after the trial, making a deal can reduce the publicity of those negative facts.”

“Here it seems that all the facts are already known. So I don’t see that as a motivation in this case. But that may be motivation for defendants to enter a plea,” added Mangels, who is not a party to the litigation.

Mangels added that if a defendant works with a private attorney, there may be a financial incentive to accept a settlement. However, the main reason for defendants to enter a plea is that their sentence is often on the “lower end”.

Veteran federal prosecutor Neama Rahmani says Baldwin is likely considering a few plea deals.

The first is the identical settlement that assistant director David Halls received in exchange for his guilty plea to reckless use of a deadly weapon. The prosecutor said the terms of his deal included a suspended sentence and six months’ probation.

“I don’t expect her to offer such a deal [to Baldwin]”, says Rahmani, who is not involved in the case. “I would be very, very surprised because I think in the end it would be a pretty significant defeat for her. If it were offered, I think Baldwin’s lawyers would advise him to take it. It’s literally a slap on the wrist. It is nothing.”

The legal expert doesn’t think Baldwin would accept other bargains because they would involve jail time.

“I just don’t see him doing it – making a deal with a prison sentence – given who he is, and he cares about his reputation, his career,” Rahmani explained. “He has young children.”

Alec Baldwin is at risk of appearing in court

Going to court would be an additional choice, but Rahmani claims it would be risky for the actor.

“This is a pretty good defense case as far as defense cases go, and jurors, they like celebrities. Celebrities tend to do well in these kinds of trials,” he said. “But there is always a risk. You never know what 12 strangers who can’t get under jury duty do. We’ve seen it before. You think things are going one way, but then you get OJ [Simpson], Casey Anthony. Jury processes are therefore unpredictable.”

A public relations expert told Fox News Digital that Baldwin’s career would suffer if he testified at the trial.

“Having Alec testify on the stand is further tearing up his career, as it is a constant reminder of the horrific failure of judgment that led to a senseless death,” said Eric Schiffer. “It also highlights what many saw as this elite privilege standing on the shoulders of arrogance that he was somehow not to blame, and that guns magically defy physics.”

Baldwin will not have to testify if he decides to continue the trial. A defendant can always plead fifth, Mangels told Fox News Digital.

“A trial can look very different for a defendant, whether they decide to testify or not,” said the lawyer. “If he decides to testify, it opens him up to cross-examination by the prosecution, which could open up other areas of investigation.”

“The prosecution could potentially address areas that, while irrelevant to the trial, could negatively impact his popularity or the way the public perceives him. There is always a high risk that a defendant will attempt to take the stand and testify in a criminal trial.”

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Does Alec Baldwin have any other choices?

The preliminary hearing, which has not yet been scheduled, could dismiss Baldwin’s case.

Rahmani noted that this move is “rare” but “possible”.

“A preliminary hearing is a mini-trial or pre-trial trial,” he said. “It’s right before the judge. There is no jury. And the judge must decide whether there is sufficient probable cause to proceed with the case.”

“It’s really about whether a reasonable juror can determine that Baldwin committed these crimes, and if no reasonable juror can determine that, then the judge can take the case to trial. [preliminary hearing].”

Baldwin’s legal team just filed a motion to remove Andrea Reeb as special prosecutor. According to the lawyers, Reeb cannot be both a member of the New Mexico state legislature and a special prosecutor.

“It seems they may be making up an argument for some inappropriate motivation for prosecution,” Mangels explained. “So they could file a motion that has to do with trying to get fired for pre-trial prosecutor misconduct or something like that.”

“I’m sure there are a lot of options they’re looking at to avoid having to make the decision to plead or go to court.”

Many people in the Hollywood industry have defended Baldwin.

SAG-AFTRA In a recent interview, President Fran Drescher shared her thoughts on the union’s choice to condemn Baldwin’s prosecution.

“The statement that came out was that the safety of props is not the artist’s responsibility,” she told Variety. “It is the artist’s responsibility to give a good performance. And that is why there are so many other departments.”

She also demanded that no real firearms be used on stage in the future.

“Any weapon of any kind on any set that is intended to tell stories has to be a facsimile — a toy, really,” Drescher said. “And then everything that looks explosive has to be posted. And then we never have to have this conversation again.”

Baldwin’s first appearance in court is February 24. He may appear virtually during the hearing, which will be streamed live on YouTube.

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