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What Is A 12.44?

What Is A 12.44?

- LT, Texas


One of the most common questions I get asked is “can I get a 12.44?” What is a 12.44? It’s a section of the penal code law that allows someone who is charged with a state jail felony to be punished as if they were charged with a class “A” misdemeanor.

In other words the punishment range is reduced from six months to two years in a state to a year or less in the county jail. There is a 12.44(a) and a12.44(b) . The punishment range is the same, the difference is that under 12.44(a), you receive a felony conviction while under 12.44(b), you receive a misdemeanor punishment.

While I haven’t seen it done, a conviction under 12.44(a) could possibly be used for enhancement purposes in a later case. Because a person who gets a 12.44 is sentenced to county is eligible for good time and trustee time, unlike state jail which must served day for day.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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The Law Office of Richard T. Jones - Austin Criminal Defense Attorney
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