Sec. 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.02, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1276 (H.B. 2296), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Subchapter D. Exceptional Sentences
Section 12.41. Classification of Offenses Outside This Code
Section 12.425. Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony
Section 12.43. Penalties for Repeat and Habitual Misdemeanor Offenders
Section 12.44. Reduction of State Jail Felony Punishment to Misdemeanor Punishment
Section 12.45. Admission of Unadjudicated Offense
Section 12.46. Use of Prior Convictions
Section 12.47. Penalty if Offense Committed Because of Bias or Prejudice
Section 12.48. Certain Offenses Resulting in Loss to Nursing and Convalescent Homes
Section 12.49. Penalty if Controlled Substance Used to Commit Offense
Section 12.50. Penalty if Offense Committed in Disaster Area or Evacuated Area