Alec Baldwin's Assault Arrest May Have Been Mutual Combat, Not a Crime

Alec Baldwin may have a good defense in his assault case, because there is some evidence he did not punch his alleged victim as cops first said ... and what went down might not be a crime at all.

Law enforcement sources tell TMZ, Wojciech Cieszowski -- the man who swooped in and took a parking space that Baldwin believed was his -- told cops Baldwin struck him with his hand. That is more consistent with a slap than a punch. True enough, a slap can still be assault, but it's generally less serious.

What's more ... we're told there is surveillance video, but it's super grainy. You see what appears to be a shoving match between the two men but it's hard to make out if Baldwin actually struck him.

Here's the key -- if the 2 men were shoving each other, Baldwin could make the case it was mutual combat and not assault, and therefore not a crime. Cieszowski told cops he suffered face and neck injuries as a result of the alleged attack and was taken to the hospital.