Texas Penal Code 12.44 – Reduction of State Jail Felony Punishment to Misdemeanor Punishment
Current as of: 2024 | Check for updates
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(a) A court may punish a defendant who is 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 court finds that such punishment would best serve the ends of justice.
(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Penal Code 12.44
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.