In the state of Texas, the penal code allows that a felony can be punished
as a misdemeanor under certain circumstances. In Chapter 12 of the Texas
Penal Code, it says that those who are convicted of a state jail felony
can sometimes be given confinement permissible for a Class A misdemeanor.
In order to get this less-harsh sentence, a criminal must meet a specific
requirement list. The court must weigh the gravity and circumstances of
the felony that was committed, and look at the past crime history of the
offender. They will also evaluate the defendants’ character, and
look at his or her rehabilitative needs. The court will then determine
which punishment would be best for the individual concerned.
Sometimes, the court may even request that the prosecuting attorney prosecute
the state jail felony misdemeanor as a Class A misdemeanor in special
circumstances. While this special provision to turn your felony into a
misdemeanor exists, it isn’t a common way to avoif punishments.
Many criminals assume that they can simply “12.44” their cases
and get off the hook with minimal punishments. That isn’t the case.
If you are hoping to “12.44” your case, you need to get a
lawyer's expert opinion. Some people won’t take action to pay
off fines and fees because they are waiting to reduce their sentence.
This could be a grave mistake. By failing to take action to better your
position with the court, you may reduce the possibility that you can “12.44”
you case at all.
Whenever you are convicted of a
state jail felony, you need a tough and calculating criminal defense lawyer on your side.
This attorney can fight for you, and help you determine whether or not
a “12.44” is the best way for you to go about your case. Talk to a
Texas criminal lawyer at our firm today if you need more information on this subject!