When you are faced with felony charges in West Texas, the severity of what’s ahead of you can be overwhelming and life altering. You may be eager to figure out whether it’s possible for the charges to be dropped or reduced to a misdemeanor.

Every case needs unique consideration, but your criminal defense lawyers at Lubbock-based Chappell, Lanehart & Stangl have strategies that could very well result in reducing your felony charges to misdemeanor charges.

Contact our lawyers to evaluate your case and give you a personalized legal plan. Our case results include:

• Murder Trial in Brownfield Ends in Favorable Plea Deal for Client
• Chuck Lanehart Secures Probation for Client Guilty of Manslaughter
• Fred Stangl Secures Probation for Lubbock Client Charged with Murder
• Client Facing Two Felony Charges Reduced to Misdemeanors

What Felonies Can be Reduced to Misdemeanors?

Charge reduction is possible if you are facing a state jail felony. These felonies are often non-violent property or drug crimes, such as theft, credit card abuse, or drug possession.

Some examples include:

• Identity theft
• DWI
• Check forgery
• Credit card fraud
• Interfering with child custody
• Making a false report
• Theft of items under $20,000
• Burglary of a building
• Coercing a minor to join a gang by threatening violence
• Criminally negligent homicide
• Evading arrest in a vehicle
• False alarm or report
• Possession of less than one gram of a controlled substance
• Theft of something valued between $1,500 and $20,000
• Unauthorized use of a vehicle

When Can Felonies Be Reduced to Misdemeanors?

In court, felonies can be reduced to misdemeanors in one of two ways: via plea bargains or via judicial discretion.

Judicial Discretion

Judges may reduce charges in the interest of justice. For starters, Texas law allows defendants to argue self-defense, insanity, duress or necessity to justify the charges. Mitigating circumstances may also be considered. These include a lack of previous criminal history and the defendant’s character.

Under Texas Penal Code, this falls under Section 12.44(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.”
• The prosecuting attorney does not have to agree.
• This means the judge can decide to do this at sentencing, and it’s not limited to only plea bargains.
• Important: This is still a felony conviction, with a misdemeanor sentence.

Plea Bargains

Prosecutors may agree to reduce charges in exchange for a guilty plea to expedite case resolution and save resources. Chappell, Lanehart & Stangl can negotiate by pointing out weaknesses in the case, such as a lack of evidence or extenuating circumstances.

According to the Texas Judicial Branch’s annual statistical report, the number of felony cases resolved by plea bargains, which often include charge reductions, is significant. However, specific statistics on felonies reduced to misdemeanors are not typically separated in public reports.

Under Texas Penal Code, this falls under Section 12.44(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.”
• The prosecutor must agree to the reduction, either through plea bargain or at sentencing, and request that the judge reduce a state jail felony to a Class A misdemeanor.
• Important: This keeps a felony conviction off your record.

Additionally, pretrial diversion programs may also be considered — meaning that if a (typically) first-time offender completes a program (related to the incident, such as drunk driving, drug possession, domestic violence, shoplifting), the charges may be lessened or dropped entirely.

Hire An Experienced Criminal Attorney

Facing felony charges could affect you for the rest of your life. At Chappell, Lanehart & Stangl, we know how to negotiate and maneuver in the legal system so you can avoid the devastating fallout that comes with having a felony on your permanent record.

​​We utilize our extensive experience and resources to get you the best possible outcome in your case. We dedicate ourselves equally to each client because each case requires individual attention and strategy. Please feel free to set up an appointment to visit with Chuck or Fred — the first consultation is free.