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What is a 12.44(b) in Texas?

A 12.44(b) is what everybody wants, but very few people actually get. Section 12.44(b) of the Texas Penal Code provides in part:

“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.”

If you remember from my last post, a 12.44(a) results in a felony conviction, but allows misdemeanor jail punishment. The main difference in 12.44(b) is that section (b) allows the the case itself and sentencing to be reduced to a misdemeanor. Most importantly, 12.44(b) allows for probation, which also allows for deferred adjudication. If you have any questions about deferred adjudication please see my earlier post.

If you have any questions or concerns about a criminal law matter that you are facing, please contact the Law of G. Thayer Williamson. As a former Dallas County ADA, I have seen both sides. I can use this experience to help you achieve the results you are looking for. Schedule your free case evaluation to get started today!