A sudden knock on the door, an unexpected call from law enforcement, or the realization that you are being investigated – stalking charges can arise unexpectedly and change everything in an instant. Whether the accusations stem from a misunderstanding, an ex-partner’s claims, or online interactions that were taken out of context, the weight of a felony charge is overwhelming.
Texas law defines stalking broadly, and charges can be based on repeated behaviors that the alleged victim perceives as threatening. If you are facing allegations, you need a strong legal defense to protect your rights and challenge the evidence against you. There are many defenses that can be employed, but even the smallest piece of information could be crucial to a successful defense.
Contact us today to explain the situation and let us start working on a defense strategy against stalking accusations.
Under the Texas Penal Code, Section 42.072, stalking is defined as engaging in conduct on more than one occasion that is directed at a specific person and that the accused knows or should reasonably know will be perceived as threatening. This includes actions that cause the alleged victim to fear bodily injury, death, or damage to their property.
The law also extends protection to the alleged victim’s family, household members, or individuals in a dating relationship with them. Texas law takes a broad approach to what constitutes stalking. A person may face stalking charges even if they engage in different types of behavior, such as following someone in person and later sending threatening messages, if these actions are considered part of the same course of conduct.
Stalking charges do not always require face-to-face interactions – things like repeated electronic communications that cause fear or distress can also lead to prosecution. Because the legal definition of stalking includes a subjective element – how the alleged victim perceives the conduct – it is possible to face charges for actions that were not intended to threaten or intimidate.
Misunderstandings, exaggerations, and false accusations are not uncommon, particularly in situations involving former partners, family disputes, or contentious breakups. If you have been accused of stalking, it is critical to seek legal representation immediately to ensure your side of the story is heard.
Stalking can be considered a form of family violence if the alleged perpetrator and the victim are related by consanguinity (blood), as it is defined in the Government Code, Section 573.022, affinity (marriage), as it is defined in the Government Code 573.024, or are members of the same household.
Unlike in some other states where stalking can be a misdemeanor offense, in Texas, stalking is always classified as a felony offense. The penalties depend on whether the accused has prior convictions for similar conduct. Stalking can be a:
It is also important to note that under Texas law, a prior conviction does not have to be from Texas to enhance a stalking charge. If the accused has been previously convicted of stalking or a similar offense in any other state, under federal law, or even in a U.S. territory, the offense can still be elevated to a second-degree felony.
In addition to imprisonment and fines, a stalking conviction can result in protective orders, loss of firearm rights, and long-term consequences that impact employment, housing, and personal relationships. If you are facing stalking charges, securing a skilled legal defense is crucial to protecting your future.
Being charged with stalking in Texas is a serious matter that can have life-altering consequences. This is a felony offense that doesn’t only carry the possibility of years in prison but can also lead to a permanent criminal record, protective orders, and restrictions that affect your personal and professional life.
If you are facing stalking allegations, you need a strong legal defense from experienced Texas criminal defense attorneys who understand the complexities of these cases. At M|C Criminal Law, domestic violence defense attorneys aggressively defend clients accused of stalking by analyzing the evidence, challenging the prosecution’s case, and exploring all available legal defenses.
Stalking charges often rely on subjective interpretations of communication, surveillance, or repeated contact, and we work to expose weaknesses in the allegations against you. With extensive experience in criminal defense and a background in prosecution, our attorneys bring insider knowledge of how the state builds its case – allowing us to craft strategic defense strategies tailored to your situation.
We fight to get charges reduced or dismissed whenever possible and ensure that your rights are protected at every stage of the legal process. If you are under investigation or have been charged with stalking, do not wait to seek legal counsel. Contact M|C Criminal Law today for a confidential case evaluation and let us help you build a strong defense.
