Texas Stalking Defense Lawyer

An accusation of stalking is serious, potentially leading to jail time if charged with this criminal behavior. If you are facing this charge in Austin, contact the stalking lawyers at GHC Law Firm right away for the legal support you need. We can help you understand the charges and explain your rights and options for moving forward. Ensure your truth is heard, and protect yourself with an experienced defense lawyer for harassment and stalking charges.

The Texas stalking penal code (Penal Code 42.072) defines stalking as when someone repeatedly behaves in a way that targets a specific person, and those actions are enough that a reasonable person in the victim’s situation would feel scared, threatened, or harmed. There are a few key elements here that must occur to meet the criteria of stalking in Texas, which include repeat instances of behavior (i.e., more than one instance) aimed at one person (or persons) and connected, either by time, method, or intention. Also, stalking charges assume the accused is knowingly engaging in threatening or harassing behavior.

Elements of stalking behavior can include (but are not limited to):

Stalking is typically a third-degree felony. However, escalation of the charge to a second-degree felony can occur if there are aggravating factors (e.g., prior stalking convictions or targeting vulnerable individuals) involved.

First-Time Offense

For a first-time stalking conviction, the penalties typically include a prison sentence of 2-10 years. A conviction can also incur a fine of up to $10,000. In some cases, Texas courts may offer first-time offenders an alternative to incarceration, such as probation, community service, or participation in treatment programs. Given the potential penalties, it’s advisable to seek the help of an experienced stalking defense lawyer to achieve the best possible outcome.

Repeat Offense

If the charges are elevated to a second-degree felony due to a repeat offense, the penalties can include 2-20 years in prison and a fine of up to $10,000.

Stalking vs. Harassment in Texas

Although the offenses are related, there is a difference between stalking and harassment under Texas law. According to Texas civil and criminal harassment definitions and penalties, harassment encompasses repeated and excessive communication (e.g., texts, emails, or phone calls) or other actions intended to harass, annoy, alarm, torment, or embarrass another person. Harassment on its own is typically a Class B misdemeanor, but the penalties can increase if the offender has prior convictions.

Stalking, on the other hand, is intended to instill a reasonable fear of danger in victims. Furthermore, stalking requires a repeated course of behavior that rises to the level of creating fear or threatening safety. For this reason, stalking is more serious and considered a felony offense.

As mentioned, stalking is serious in Texas and considered a felony charge that can carry from 2 to 10 years in prison and fines of up to $10,000. For convicted stalkers, a repeat offence can elevate the charges to a second-degree felony and result in 2-20 years in jail plus fines. In some stalking cases, the courts can issue restraining orders to keep the accused away from the victim, and any violation of these orders can lead to additional charges and increased jail time. A conviction for stalking will also remain on the individual’s permanent record.

To beat stalking charges, Texas stalking lawyers can pursue one of the following lines of defense, where applicable.

Lack of Intent

The courts must prove that the defendant knowingly engaged in repeated behaviors that would reasonably cause a person to fear for their safety. Therefore, a stalking lawyer can argue that the actions were not intentional. In this case, the defense attorney must prove that the actions were not meant to threaten or harass.

False Accusations

If the accused asserts that the charges are the result of mistaken identity, this can also help a stalking attorney build a case. In this situation, the defense can use alibis, witness statements, or electronic records (like GPS or work logs) to challenge the charge. Read more about defending yourself against false accusations in Texas.

Insufficient Evidence

Prosecutors must present clear proof of the repeated behavior and actions, as well as their impact on the victim. Therefore, if the evidence is circumstantial, vague, or based solely on the alleged victim’s statements, a stalking defense lawyer can argue that it does not meet the requirements for a stalking charge.

Constitutional Protection

In some situations, a stalking lawyer can challenge the charges on free speech grounds. This defense may apply if the accused shows proof that their actions were part of exercising their First Amendment rights, and the behavior did not involve threats or intimidation.

At GHC Law Firm, we understand that even good people can sometimes find themselves in challenging situations. Our experienced Austin criminal defense attorneys take the time to listen, understand the specifics of your case, and explain your legal options. With a thorough understanding of Texas stalking laws, we can confidently guide you through every step of the process, help protect your rights, and work to achieve the best possible outcome.