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.
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