Can Harassment Charges Be Dropped in Texas? What to Expect in Court
Being charged with harassment in Texas can be a stressful and confusing experience. Whether the accusation stems from a misunderstanding, a personal dispute, or a false claim, one of the first questions many defendants ask is, “Can harassment charges be dropped?”
The short answer? Yes, harassment charges can be dropped, but it depends on several factors, including the strength of the evidence, the accuser’s willingness to proceed, and the discretion of the prosecutor. If you’re facing harassment charges in McKinney, Plano, or anywhere in Texas, understanding how the legal process works can help you prepare for what’s ahead.
Understanding Harassment Charges in Texas
Under Texas Penal Code § 42.07, harassment is defined as engaging in conduct with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Common forms of harassment include:
- Repeated unwanted phone calls, texts, or emails.
- Posting false or damaging information online.
- Threatening another person, even if no physical harm occurs.
- Sending obscene messages or communications.
Harassment is typically charged as a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- Fines up to $2,000
In some cases, harassment charges may be elevated to a Class A misdemeanor or even a felony, especially if the defendant has prior harassment convictions or if the alleged harassment targeted a public official, law enforcement officer, or someone under a protective order.
Can Harassment Charges Be Dropped?
Harassment charges can be dropped in Texas, but this decision is ultimately up to the prosecutor, not the accuser. Even if the alleged victim wants to drop the charges, the prosecutor may choose to move forward with the case if they believe there is enough evidence to convict.
Here are some of the most common reasons harassment charges may be dropped:
1. Lack of Evidence
For a conviction, the prosecution must prove beyond a reasonable doubt that harassment occurred. If there’s insufficient evidence—such as no threatening messages, no credible witnesses, or conflicting accounts—the prosecutor may decide to drop the case.
2. The Accuser No Longer Wants to Proceed
While the victim’s wishes do not automatically lead to charges being dropped, they do carry weight. If the accuser recants their statement or refuses to testify, the case may be harder to prosecute.
3. False Accusations
In some cases, harassment claims arise from personal disputes, divorces, or custody battles. If your attorney can prove that the allegations were false or exaggerated, the charges may be dismissed.
4. First-Time Offender Programs
For first-time offenders, Texas may offer diversion programs that allow defendants to complete community service, attend counseling, or take other corrective measures in exchange for having the charges dismissed.
5. Violations of Legal Procedure
If law enforcement failed to follow proper legal procedures, such as obtaining messages without a warrant or violating your rights, your attorney can argue that the evidence should be thrown out, leading to a case dismissal.
What to Expect in Court for a Harassment Charge
If your harassment case proceeds to court, here’s what you can expect:
1. Arraignment
This is your first court appearance, where you will enter a guilty or not guilty plea. It is strongly recommended that you have an attorney represent you at this stage.
2. Pretrial Proceedings
Before trial, your attorney will:
- Review evidence (such as texts, emails, or recordings).
- Challenge weak or illegally obtained evidence.
- Negotiate with the prosecution to seek a dismissal or reduced charges.
3. Trial
If the case goes to trial, both sides will present evidence and witnesses. The prosecution must prove beyond a reasonable doubt that you intentionally harassed the accuser. Your defense lawyer may argue:
- The messages or actions were misinterpreted.
- There is no proof of intent to harass.
- The allegations were false or exaggerated.
If the prosecution fails to meet their burden of proof, you could be acquitted of all charges.
How to Improve Your Chances of Getting Harassment Charges Dropped
If you’re facing harassment charges, there are steps you can take to strengthen your defense and increase your chances of a dismissal:
✔ Hire an experienced criminal defense attorney – A lawyer who understands Texas harassment laws can challenge weak evidence and negotiate with prosecutors.
✔ Gather evidence to support your case – Save all relevant emails, texts, voicemails, and social media interactions that may contradict the accusations.
✔ Avoid contact with the accuser – Any further communication, even to clear up a misunderstanding, could make the situation worse.
✔ Stay off social media – Any public statements can be misinterpreted and used against you in court.
Why You Need an Experienced Harassment Defense Lawyer
Being charged with harassment doesn’t mean you’re guilty, but fighting these charges alone is risky. The prosecution will work to build a case against you, and without a skilled attorney, you could face jail time, fines, and a permanent criminal record.
At The Fox Firm, we have extensive experience defending clients in McKinney, Plano, and across Texas against harassment charges. We will:
✅ Analyze the prosecution’s evidence to find weaknesses in their case.
✅ Challenge false or exaggerated claims.
✅ Negotiate to have charges dropped or reduced.
✅ Fight aggressively in court to defend your rights and reputation.
Contact The Fox Firm Today
If you’ve been charged with harassment in Texas, don’t wait—time is critical. Contact The Fox Firm today for a confidential consultation, and let us help you fight these charges and protect your future.