Those who have spent any time at all in a Texas criminal courthouse will no doubt be familiar with Section 12.44(a) of the Texas Code of Criminal Procedure. This particular Section allows a judge, after finding a defendant guilty of a state jail felony, to minimize the punishment to equal that of a Class A Misdemeanor. In many cases, those people who commit a crime ask their attorney to petition for a 12.44(a) because it allows them to do their time in county jail where they are more likely to be able to be close to their family.Further, when the 12.44(a) is implemented, the offender will receive two days of credit for each day served in the County Jail rather than the “day for day” credit.
The 12.44(a) is unavailable to any defendant who is charged with a Second-Degree Felony or who has received deferred adjudication for a Second-Degree Felony. For a defendant to meet the specific requirements of the 12.44(a), the court will weigh the circumstances surrounding the felony committed as well as the seriousness of the crime. The past criminal history of the defendant will be a factor in the decision as will an evaluation of the offender’s character and consideration of any particular rehabilitative needs. Under certain circumstances the court can request the state prosecutor to specifically prosecute a state jail felony misdemeanor as a Class A misdemeanor.
Remember, although this method of “dialing down” a felony to a misdemeanor exists, that does not mean it is available for every defendant. Many of those who commit a crime and are in jail will hear about the 12.44(a) from those sharing a jail cell and assume that all they must do is make a request in order to have the law applied to them, letting them off the hook, so to speak, with minimal punishment. Other defendants will deliberately delay action to pay imposed fees and fines as they wait for an expected reduction in sentencing. Anyone convicted of a state jail felony should not assume they will be eligible for a 12.44(a), rather they should speak with a knowledgeable legal professional in order to make a determination of the options in their specific case.