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Arrest Sentence For Class 2 In Dallas
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State:
Multi-State
County:
Dallas
Control #:
US-000280
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FAQ
Class C misdemeanors in Texas are punishable by a fine of up to $500. There is no jail time for a Class C misdemeanor.
Section 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 ...
Some Second-Degree Felony Charges Are Eligible for Probation Under certain circumstances, a judge can order probation instead of a prison sentence for a second-degree felony.
A 12.44(a) or a 12.44(b) comes from the Texas Penal Code. Texas Penal Code section 12.44(a) typically gets a defendant time served in the county jail for a state-jail felony. It does carry with it a felony conviction. Texas Penal Code section 12.44(b) is a conversion statute.
How do I file a 1244a in Texas? The only way to get a 12.44 is through a plea agreement with the prosecutor or to convince a judge to grant it despite the prosecutor not agreeing to it. From a practical standpoint, if the prosecutor doesn't agree to it, it's going to be a hard to convince the judge to grant it.
Ing to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time.
12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
To request time served, you must provide proof of incarceration from a jail or prison that includes the dates you were incarcerated, along with the request form linked below. To consider your request, you must enter a plea for the charges for which you are request jail credit, if you have not done so already.
If a prosecutor offers you a “time served” deal, it means they are proposing a plea agreement where the time you have already spent custody will be considered sufficient punishment for the crime you are charged with.
It can be a good option for defendants who are unlikely to be repeat offenders. Shock probation is found here in Article 42A. 202 of the Texas Code of Criminal Procedure (previously it was in Article 42.12 Section 6(a)).
