12.44 Texas Criminal Sentences
WHAT IS A 12.44 REDUCTION AND AM I ELIGIBLE FOR ONE?
If you are facing criminal charges in Texas, you may have been heard about getting a “12.44.” This refers to the Texas Penal Code Section 12.44 that gives allows State Jail Felony charges to be punished or reduced to Class A misdemeanor (up to 1-year County Jail).
Sec. 12.44 – REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT
WHAT IS A 12.44 (A)?
A. A criminal court may punish a defendant convicted of a State Jail Felony by imposing the confinement permissible as punishment for a Class A Misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the criminal court finds that such punishment would best serve the ends of justice.
Texas Penal Code section 12.44 (a) allows a state jail felony to be punished as a misdemeanor. Reduction under 12.44 (a) does not require the prosecution’s consent – meaning the judge can decide to do this at sentencing, and it’s not limited to plea bargains.
Unfortunately, a State Jail Felony punished under 12.44 (a) is a felony conviction, meaning:
- You cannot get the record expunged
- You are not eligible for probation from a jury if you are charge with another felony;
- You cannot own or possess a firearm under federal law; and
- You have other legal disabilities associated with a felony conviction.
BUT instead of serving six months to two years in a State Jail facility, you can be sentenced to (1) serve up to a year in county jail; or (2) two years of probation.
WHAT IS A 12.44 (B)?
Sec 12.44 (b) At the request of the prosecuting attorney (so the judge cannot do it on their own) the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.
While 12.44 (b) has the same two possible sentences, it does not result in a felony conviction. A conviction under 12.44 (b) is a misdemeanor conviction. An offense that is prosecuted under 12.44 (b) cannot later be used to enhance other felony offenses. Unlike 12.44 (a), an
offense can only be prosecuted under 12.44 (b) with the consent of the prosecution.