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I'm going to court for robbery with bodily injury,second degree felony, they are offering me 1 year state jail theft

Houston, TX |

I have never had a previous felony conviction,only misdeaminors, can I request for 12.44 A or 12. 44 B?

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Attorney answers 3


I don't practice in TX, but it seems like, through your attorney, you can request whatever you'd like. The question is whether they will agree. You need to discuss this in detail with your attorney. The fact that you have no felony priors is of little importance when you commit a robbery with bodily injury, a serious crime.

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Talk to your attorney. Yes, you can. 12.44(a) is a felony conviction where you serve time in county rather than state. 12.44(b) is an actual reduction to a misd, so this would be the best option.

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Your attorney can always ask for it. It is not something that you are entitled to, it is something that the prosecutor can offer you if they so desire. The state would have to reduce the charge to a state jail felony and then give you a 12.44a or a 12.44b. It seems that they are already willing to reduce it to a state jail felony if they are offering you a 1 year state jail felony. It is highly unlikely that they offer you 12.44b which is a reduction to a misdemeanor unless of course their case is really weak. Speak to your attorney about these issues, only he or she can give you a good idea of the likelihood of the state offering you either option.

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.

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