Texas Codes

Tex. Penal Code § 12.44 (2026)

Reduction Of State Jail Felony Punishment To Misdemeanor Punishment

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 102 cases (19 in the last 5 years), 1978–2026 · leading case: United States v. Rivera-Perez, 322 F.3d 350 (5th Cir. 2003).

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United States v. Rivera-Perez, 322 F.3d 350 (5th Cir. 2003). · cites it 5× “Rivera argues, however, that the attempted-indecency conviction was not a “felony” crime of violence because, according to his plea agreement and Tex. Penal Code § 12.44, he was subject to no more than one year in prison.”

Palmberg, Bryan Elliott, 491 S.W.3d 804 (Tex. Crim. App. 2016). “]” Tex. Penal Code § 12.44(a). In Ex parte Sparks, we held that a felony conviction is all that an applicant must show for a claim to be cognizable in post-convictión habeas corpus proceedings, even if the actual offense was a misdemeanor.”

Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018). “Contrast Tex. Penal Code § 12.44(a) (authorizing the court to "punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor" under certain circumstances).”

Norris Shannon Baines v. State, 418 S.W.3d 663 (Tex. App. 2010). · cites it 2× “See Tex. Penal Code Ann. § 12.44 . First, we note that the punishment assessed was within the punishment range of a state-jail felony.”

Fite v. State, 60 S.W.3d 314 (Tex. App. 2001). · cites it 2× “Tex. Pen.Code Ann. § 12.44 (Vernon Supp.2001).”

One Car, 1996 Dodge X-Cab Truck White in Color 5YC-T17 VIN 3B7HC13Z5TG163723 v. State, 122 S.W.3d 422 (Tex. App. 2003). · cites it 2× “” Sondra Carroll pled guilty to possession of a controlled substance, a state jail felony, but received a misdemeanor sentence of 90 days in the Polk County jail, pursuant to Tex. Pen.Code Ann. § 12.44(a) (Vernon 2003).”

United States v. Harrimon, 568 F.3d 531 (5th Cir. 2009). “35(a), as Class A misdemeanors, for which one year is the maximum term of imprisonment, see id.”

State v. Allen, 865 S.W.2d 472 (Tex. Crim. App. 1993). · cites it 2× “” The trial court imposed punishment for a Class A misdemeanor pursuant to Tex.Penal Code Ann. § 12.44(a), 2 (hereinafter Section 12-44(a)) and sentenced appellee to one year in the County jail.”

State v. Rowan, 927 S.W.2d 116 (Tex. App. 1996). · cites it 3× “Tex. Penal Code § 12.44(a) (Vernon Supp.1996).”

Ex parte Aguilar, 537 S.W.3d 122 (Tex. Crim. App. 2017). “44(a) of the Penal Code, which permits the trial court to punish a state jail felon “by imposing the confinement permissible as punishment for a Class A misdemean- or[,]” Tex. Penal Code § 12.44(a). The trial court assessed his punishment at 180 days in the county-jail, and…”

Bennett v. State, 831 S.W.2d 20 (Tex. App. 1992). “Appellant, citing 1974 version of the Tex.Penal Code Ann. § 12.44(a), asserts that the Court of Appeals may set aside a judgment or verdict of guilty, or reduce a sentence, if after considering the gravity and circumstances of the offense committed, a court finds that such…”

David Samaripas Jr. v. State, 446 S.W.3d 1 (Tex. App. 2013). · cites it 2× “See Tex. Penal Code Ann. § 12.44 (a) (West 2011).”

Show all 102 citing cases →

— Tex. Penal Code § 12.44(a) — 55 cases

One Car, 1996 Dodge X-Cab Truck White in Color 5YC-T17 VIN 3B7HC13Z5TG163723 v. State, 122 S.W.3d 422 (Tex. App. 2003). “” Sondra Carroll pled guilty to possession of a controlled substance, a state jail felony, but received a misdemeanor sentence of 90 days in the Polk County jail, pursuant to Tex. Pen.Code Ann. § 12.44(a) (Vernon 2003).”

United States v. Rivera-Perez, 322 F.3d 350 (5th Cir. 2003). “Rivera argues, however, that the attempted-indecency conviction was not a “felony” crime of violence because, according to his plea agreement and Tex. Penal Code § 12.44, he was subject to no more than one year in prison.”

State v. Allen, 865 S.W.2d 472 (Tex. Crim. App. 1993). “” The trial court imposed punishment for a Class A misdemeanor pursuant to Tex.Penal Code Ann. § 12.44(a), 2 (hereinafter Section 12-44(a)) and sentenced appellee to one year in the County jail.”

— Tex. Penal Code § 12.44(b) — 13 cases

Christopher v. State, 819 S.W.2d 173 (Tex. App. 1991).

Ex Parte: Manuel Cisneros (Tex. App. 2013).

Ex Parte: David Vasquez (Tex. App. 2012).

Charles Eugene Hutchinson v. State (Tex. App. 2017).

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