The short answer is yes — but only under very specific conditions. Texas law has a mechanism that allows certain felony charges to be reduced to a misdemeanor. It applies to one category of felony. It has to happen before your case is resolved. And whether you get the better version of it depends heavily on whether your attorney can work the prosecutor.
If your case is already resolved — you’ve pled guilty, been convicted, or finished probation — §12.44 can’t help you. I’ll cover what your options actually are further down this page.
If your case is still pending, here’s how this works.
The Only Felony That Qualifies: State Jail Felonies
Not every felony can be reduced under Texas law. §12.44 of the Texas Penal Code applies only to state jail felonies — the lowest tier of felony in Texas. Third degree, second degree, first degree, and capital felonies cannot be reduced through this statute.
State jail felonies carry 180 days to 2 years in a state jail facility and up to $10,000 in fines. Common examples include:
- Drug possession (less than 1 gram of a controlled substance)
- Theft of property valued between $2,500 and $30,000
- DWI with a child passenger
- Forged check or credit card abuse
- Evading arrest in a vehicle
- Criminally negligent homicide
- Burglary of a building (non-habitation)
If you’re not sure whether your charge is a state jail felony, look at your paperwork or call me — I’ll tell you in about two minutes.
Two Ways a State Jail Felony Can Be Reduced
§12.44 gives you two paths, and they’re not the same. Most people — and honestly, some attorneys — don’t understand the difference. It matters a lot.
§12.44(a): The judge reduces your punishment to Class A misdemeanor level. Your record still shows a felony conviction. Gun rights, voting rights, and professional licensing restrictions may still apply.
§12.44(b): The prosecutor requests — and the court authorizes — prosecution of the charge as a Class A misdemeanor. You’re convicted of a misdemeanor, not a felony. The felony never goes on your record. This is the better outcome, and it’s what I push for.
§12.44(a) — The Judge Reduces Your Punishment
Under §12.44(a), a judge can impose Class A misdemeanor punishment on a state jail felony conviction if the judge finds it serves the ends of justice. The prosecutor doesn’t have to agree — this is within the judge’s discretion.
What you get: county jail time (up to one year) instead of state jail time. What you don’t get: a clean record. The conviction is still classified as a felony. That means you may still lose your right to own a firearm, face professional licensing consequences, and carry a felony on your record permanently.
§12.44(a) is better than a full state jail felony sentence. But it’s not the same as getting the felony off your record.
§12.44(b) — The Prosecutor Reduces the Actual Charge
Under §12.44(b), at the prosecutor’s request, the court can authorize the prosecution of a state jail felony as a Class A misdemeanor. The charge itself changes. You’re not convicted of a felony — you’re convicted of a misdemeanor.
This is the outcome that keeps the felony off your record entirely. And that difference is significant. With a misdemeanor conviction instead of a felony, you avoid most of the collateral consequences that follow a felony for the rest of your life.
The catch: the prosecutor has to initiate it. I can’t force a prosecutor’s hand — but I can make the case for why §12.44(b) is the right call in your situation. That means building the argument around your background, the nature of the charge, and what kind of outcome actually serves justice here. Prosecutors are people. The right conversation, with the right preparation, moves the needle.
What If My Case Is Already Done?
This is one of the most common questions I get. Someone was convicted of a state jail felony years ago — maybe they pled guilty, did probation, moved on with their life. Now they want to know: can it be reduced to a misdemeanor?
The honest answer is no. §12.44 only applies before a plea is entered and the case is resolved. Once you’ve been convicted, the statute can’t be used retroactively to change the classification of your offense. That window closes when your case closes.
But that’s not where the conversation ends. Depending on how your case resolved, you may have other options worth exploring:
- Non-disclosure — If you completed deferred adjudication probation, you may be eligible to have your record sealed. It won’t erase the conviction, but it limits who can see it. Most private employers won’t have access.
- Expunction — If your charges were dismissed or you were found not guilty, you may be able to have your record expunged entirely. Expunction is not available for most convictions.
- Pardon — Technically possible through the Texas Board of Pardons and Paroles, but rarely granted and a slow process.
None of these options accomplish exactly what §12.44(b) does before conviction. Which is why, if your case is still pending, the time to act is now — not after a plea is on the table.
How I Use §12.44 in Real Cases
When a client comes to me facing a state jail felony, my first question is always: what does the prosecutor’s position look like, and is there a realistic path to §12.44(b)?
That assessment shapes everything. I look at your prior record (or lack of one), the nature of the charge, any weaknesses in the State’s evidence, and whether there are mitigating factors I can bring to the table. Then I have a real conversation with the prosecutor — not a form motion, not a box-checking exercise. A conversation about why this case is one where a misdemeanor outcome makes sense.
If §12.44(b) isn’t on the table, I evaluate §12.44(a) as the fallback — keeping the felony punishment off your back even if the classification stays. And I keep looking at whether the underlying case has holes that might lead to a better outcome altogether.
What I won’t do is walk you in, take a deal because it’s easy, and call it a win. If there’s a path to keeping a felony off your record, I’m going to find it.
Can a felony be reduced to a misdemeanor in Texas?
Yes — but only for state jail felonies, and only before the case is resolved. Under Texas Penal Code §12.44, a court can either reduce the punishment to misdemeanor level (§12.44(a)) or authorize prosecution of the charge itself as a misdemeanor (§12.44(b)). Third degree felonies and higher do not qualify.
What is a state jail felony in Texas?
It’s the lowest tier of felony in Texas, carrying 180 days to 2 years in a state jail facility and up to $10,000 in fines. Common examples include possession of less than one gram of a controlled substance, theft between $2,500 and $30,000, and DWI with a child passenger.
What’s the difference between §12.44(a) and §12.44(b)?
§12.44(a) reduces your punishment to misdemeanor level, but your record still shows a felony conviction. §12.44(b) reduces the actual charge to a misdemeanor — so you’re convicted of a misdemeanor, not a felony. §12.44(b) requires the prosecutor to request it; §12.44(a) is within the judge’s discretion. The distinction matters enormously for your record and your future.
Can a felony be reduced to a misdemeanor after I’ve already pled guilty or been convicted?
No. §12.44 only applies before your case is resolved — before you enter a plea and the case is closed. Once you’ve been convicted, the statute can’t be used retroactively. If your case is already done, the options available to you are non-disclosure (if you completed deferred adjudication), expunction (if charges were dismissed), or in rare cases, a pardon. Call me and I’ll tell you which of those, if any, applies to your situation.
If I get §12.44(a), do I still have a felony on my record?
Yes. Under §12.44(a), the conviction is still classified as a felony — the judge is only reducing the punishment. You may still face felony-level collateral consequences, including restrictions on firearm ownership and professional licensing. §12.44(b) is the path that keeps the felony conviction off your record entirely.
Does getting a felony reduced depend on the prosecutor?
For §12.44(b) — yes. The prosecutor has to request it. A judge can’t grant §12.44(b) on their own. That’s why who’s handling your case and how they approach the prosecutor matters. I’ve had these conversations. I know what moves them and what doesn’t.
Serving All of Collin County
I defend clients throughout Collin County, including:
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