12.44a vs 12.44b
The Texas Criminal Penal Code is full of statutes and procedures to navigate the criminal justice system. Knowing these rules can greatly increase the support and help you can give your client. Today I will explain the difference between an important section of the law to know, 12.44a and 12.44b. These two sub sections of the law can help make a big difference in your criminal case.
Who does this apply to?
12.44a and 12.44b only apply to people who are being charged with a State Jail Felony. This is the least serious of all felony crimes and can be punishable by imprisonment of 180 days up to 2 years. The downfall about State Jail Felony crimes is that the time you serve must be day for day. Which means you don’t get any 2 for 1 or any deals. You have to spend your entire sentence in jail.
Because the defendant would have to spend the entire time in jail, lawmakers decided to create 12.44a and 12.44b to help lawyers negotiate better deals. Both sides must agree however for these rules to take effect.
The exact law reads as follows,
“Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.
(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.”
What 12.44a means is that instead of giving you the punishment of a State Jail Felony (180 days-2 years), they will instead give you a punishment of a Class A misdemeanor which is maximum 1 year of jail. When you are given jail for a misdemeanor you CAN get 2 for 1 and even 3 for 1 on your jail time. Thus greatly reducing your sentence, however the conviction still remains as a felony. The punishment is the only part reduced to a misdemeanor.
(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.
12.44b is better than the previous one because now they reduce the felony to a misdemeanor. Even on your record it will show as a misdemeanor not a felony. This is much harder to obtain but is much better for the client.
If you are charged with a State Jail Felony, please contact us so that we can help you with your case. An experienced criminal defense lawyer will help you get the best outcome for your case.