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What is a 1244 a &1244 b?

Criminal Defense 5 views 4 answers
Can I use it for a misdeameanor?

Attorney Answers

4
Mirene Wilson ·
Below is Texas statutory law regarding 12.44(a) and (b) which an attorney can negotiate for you. So, if you are charged with a state jail felony which is punished from 180 days to 2 years in state jail and up to a $10,00 fine, your sentence can be reduced under 12.44 as defined below: § 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. (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.
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Paul Kendall ·
12.44 (a) and (b) enable someone charged with a state jail felony to be prosecuted / punished as if they were charged / convicted of a less serious class A misdemeanor. If you are charged with a misdemeanor, 12.44 (a) and (b) do not apply.
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Cynthia Henley ·
It cannot be used on a misdemeanor because it is a code section that allows (under b) the prosecution of a felony case as a misdemeanor and (under a) the punishment of a felony case as a misdemeanor. It won't do you any good.
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Charles Soechting ·
No you cannot use it for a misdemeanor reduction, it can only be used to reduce a felony punishment to that of a Class A misdemeanor level of punishment.
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