If you’re facing a felony charge in Texas, you’re likely worried about your future. You could be facing significant time behind bars and an uncertain future. You might wonder if it is possible to have your felony charge reduced to a misdemeanor.
Getting a felony charge reduced to a misdemeanor is a possibility in many cases. Every case is different, so whether it’s a possibility will depend on the particular offense charged by the prosecutor. An experienced criminal defense attorney from The Law Office of Mike Howard can walk you through your legal options. Contact us today for a 30-minute case evaluation.
Classification of Criminal Charges in Texas
To understand why it is so important to get your felony charge reduced to a misdemeanor in Texas, it is first crucial that you understand the difference between a felony and a misdemeanor, as well as the possible implications of a conviction. Here is how Texas classifies different crimes:
Felony
The more serious type of crime is classified as a felony in Texas. The severity of the offense and where you serve time are largely determined by whether your case is considered a felony or a misdemeanor. Felony offenses tend to involve severe harm, repeat offenses, or substantial financial damages. Examples of felonies in Texas include:
- Murder
- Robbery
- Third-time DWI
- Drug trafficking
- Aggravated assault
Felonies are further categorized based on their severity, with the following potential penalties:
- Capital felony: The death penalty or life in prison without the possibility of parole
- First-degree felony: 5 to 99 years in prison or life and a fine of up to $10,000
- Second-degree felony: 2 to 20 years in prison and a fine of up to $10,000
- Third-degree felony: 2 to 10 years in prison and a fine of up to $10,000
- State jail felony: 180 days to two years in the state jail facility and a fine of up to $10,000
In addition to these criminal penalties, individuals convicted of a felony face more serious consequences that can affect their lives for many years to come, including a criminal record, loss of the right to bear arms, immigration consequences, and possible effects on their child custody rights.
State Jail Felony
While state jail felonies technically fall under the category above, they deserve special attention because they can potentially be reduced to misdemeanors. Section 12.44 of the Texas Penal Code specifically allows judges (if the prosecutor files a motion under Section 12.44) to sentence a state jail felony conviction to county jail time, reducing the more serious felony penalties to those of a Class A misdemeanor (up to one year in jail and fines of up to $4,000) There are two subsections of Section 12.44, (a) and (b). 12.44(a) reduces the sentencing range to that of a misdemeanor, but importantly, still results in a felony conviction. 12,44(b), however, fully reduces the offense to a misdemeanor, meaning it results in a misdemeanor conviction. It’s a big distinction that a good lawyer pays attention to.
This part of the Texas Penal Code is most often invoked when the offense is nonviolent and mitigating circumstances justify a lighter sentence, such as a lack of a prior criminal record or clear signs of rehabilitation. Your criminal defense lawyer can argue that this is the more appropriate outcome during sentencing.
Common state jail felonies include:
- DWI
- Possession of less than one gram of a controlled substance
- Making a false report
- Check forgery
- Theft of property valued at less than $20,000
- Burglary of a building
- Unauthorized use of a vehicle
- Evading arrest in a vehicle
- Criminally negligent homicide
Misdemeanor
A misdemeanor charge usually involves a less serious or non-violent crime, such as a first-time DWI or theft below a certain threshold. Misdemeanor crimes are classified into the following categories:
- Class A: A Class A misdemeanor is the most serious type of misdemeanor in Texas. It can result in up to one year in county jail and up to $4,000 in fines. Examples of Class A misdemeanors include assault causing bodily injury and a second DWI offense.
- Class B: A Class B misdemeanor can result in up to 180 days in a county jail and a fine of up to $2,000. A first DWI offense and possession of a small amount of marijuana are Class B misdemeanors in Texas.
- Class C: No jail time is imposed in Class C misdemeanor cases, but the defendant can be fined up to $500 for offenses such as public intoxication and speeding.
Factors That Affect Whether Charges Are Reduced
If you ask, “Can I have my felony charges reduced to a misdemeanor?” most criminal defense lawyers will respond, “It depends.” Various factors can affect whether charges can be reduced, including:
The Nature of the Offense
The more serious a crime is, the less likely it is to be reduced to a misdemeanor. How the crime is classified directly impacts your legal options.
The Consequences of the Offense
If the offense caused death, serious bodily harm, or significant financial losses, it is less likely that the criminal charges will be reduced.
Presence or Absence of Violence
If the offense was non-violent in nature, it may be easier for your criminal defense lawyer to negotiate a reduction of your charges.
Strength or Weakness of the Evidence
If the evidence is weak, the prosecutor may agree to a reduction of your charges. This is particularly true if the evidence was illegally obtained and subject to suppression through motion filing. Effective criminal defense attorneys may question the legitimacy of arrest procedures or search methods. In some cases, your lawyer might recommend seeking a complete dismissal of charges based on such grounds.
Criminal History
First-time offenses are more likely to result in a reduction of charges than repeat offenses. If the defendant has no prior criminal record, the court may be more lenient with them. While a clean record can help position your case better for negotiation, an extensive one can complicate your attempts.
Voluntary Rehabilitation
If your crime involved drugs or alcohol or was motivated by them, seeking voluntary rehabilitation can show the court you are serious about your recovery.
Strong Community Ties
Judges and prosecutors may be more willing to reduce a criminal charge to a misdemeanor if incarceration would negatively impact the community.
When Texas Law Allows Felony Charges to Be Reduced to Misdemeanor Offenses or Sentences
Texas law provides three avenues for reducing charges to misdemeanors:
Section 12.44
As described above, the judge can decide to convert your sentence from a state jail felony to a Class A misdemeanor sentence.
Prosecutors make these decisions based on factors such as:
- The gravity and circumstances of the crime
- The defendant’s criminal history
- The defendant’s character
- The defendant’s rehabilitative needs
When these factors weigh in your favor and in the interest of justice, you may be saved from a harsher criminal penalty.
Charge Reduction
The other major way to accomplish your objective is to get the actual charge reduced. Under Section 12.44(b) of the Texas Penal Code, the prosecuting attorney can request that the court prosecute a state jail felony as a Class A misdemeanor. For the prosecutor to make this request, it is likely that the prosecutor would have entered into a plea bargain with the defendant’s criminal defense lawyer, likely agreeing to a lighter charge in exchange for a guilty plea. Often, this is the result of striking certain enhancement language from the official charging instrument (such as striking use of a vehicle from an evading arrest in a vehicle case, making it an evading arrest (simply on foot), which is a Class A misdemeanor.
Under this option, you would not be convicted of a felony. Your records would indicate you were convicted of a misdemeanor offense.
Pretrial Diversion Programs
A final option is to agree to a pretrial diversion program. These programs are sometimes available to first-time offenders. After they complete the program, the charges are dropped entirely.
Legal Strategies to Get Criminal Charges Reduced or Dismissed in Texas
An effective criminal defense lawyer may use various methods to seek a dismissal or reduction of your charges. The particular strategies they use will be based on your specific circumstances. These strategies may include:
Emphasize Mitigating Circumstances
The primary method for getting charges reduced is to attempt to convince the prosecutor that leniency is appropriate based on mitigating factors, such as your lack of a criminal record, your willingness to complete a rehabilitation program, or the victim’s request for leniency.
File Motions
Your lawyer may file legal motions seeking to suppress the evidence obtained against you, such as due to:
- Illegal searches
- Baseless warrants
- Prosecutorial abuse or overreach
- Lacking sufficient evidence
- Failing to follow proper procedures
Raise Defenses
Various legal defenses may apply to your case that, if established, could serve as a legal basis to reduce or dismiss your charges. These could include:
- Self-defense
- Defense of others
- Lack of intent
- Involuntary intoxication
Contact an Experienced Criminal Defense Lawyer to Learn More
There is no guarantee that the charges against you will be reduced. However, by hiring an experienced criminal defense lawyer, you can better position yourself to have valid legal arguments made in your favor. The Law Office of Mike Howard seeks to achieve the best outcome possible. Contact us today to learn more about what that could mean for your specific case.
View All Blogs
