Texas created this lower level felony to address the overcrowding in prisons caused by … The reduction does result in a felony conviction, but instead of doing six months to two years in a state jail facility, the defendant will instead face up to a year in county jail (where good time credit may be offered) or two years of community supervision (probation). burglary, when the building was not a residence (Penal Code 30.02), attempted third degree felonies (Penal Code 15.01), and. a deadly weapon was used or shown during the offense or flight from it, the defendant has been convicted of a felony-level. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any … These offenses carry more jail time. They can carry between 180 days and 2 years in prison. These depend on the underlying offense. Felonies in Texas Criminal Law › State Jail Felonies in Texas. State jail felonies can carry between 180 days and 2 years in prison. An offense that is prosecuted under 12.44(b) also cannot later be used to enhance other felony offenses. Our team has decades of experience and a proven track record. While 12.44(b) has the same two possible sentences as 12.44(a), it does not result in a felony conviction. State jail felonies, however, lead to jail time in the State Jail Division of the Texas Department of Criminal Justice. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. Let's see how we can help. As a felony, they belong to the most severe type of criminal offense. Manslaughter Texas | What is the Difference between Manslaughter and Murder. possession of lewd materials depicting a child, if the defendant has a prior offense (Penal Code 43.262(c)(1)). Fines can still go up to $10,000. As a felony, they belong to the most severe type of criminal offense. If you have been charged with a state jail felony in Texas, you may have been told to ask for a “12.44,” which refers to Section 12.44 of the Texas Penal Code and allows state jail felonies to be punished as misdemeanors. Texas Penal Code 12.35 – State Jail Felony Punishment. An inmate cannot earn good conduct time or parole in a state jail facility, which is why defendants charged with a state jail felony often seek a reduction in punishment through 12.44(a) or 12.44 (b.). This means they can be treated as a more severe offense. Both  12.44(a) and 12.44(b) mean misdemeanor punishment for a state jail felony, but (a) will result in a felony conviction, while (b) will result in a misdemeanor conviction. Some state jail felonies can also be elevated into a third degree felony. As a felony, they belong to the most severe type of criminal offense. criminally negligent homicide (Penal Code 19.05), theft of between $2,500 and $30,000 (Penal Code 31.03), and. Some misdemeanors can also be treated as state jail felonies if the defendant has a criminal history. State jail felonies are still felonies. A State Jail felony is treated the same as any other felony in terms of the consequences of a conviction. Copyright © 2020 Shouse Law Group, A.P.C. State Jail Felonies are generally based on the punishment rage: 180 days to 2 years (up to $10,000 fine) in the State Jail Division of the Texas Department of Criminal Justice . Do I Need to Get Out of My Car If a Nevada Police Officer Orders Me To? State jail felonies are a type of crime in Texas. State jail felonies can also be elevated to second degree felonies if: These offenses would face a jail sentence of between 2 and 20 years.