Charged with Stalking in Texas? What You Need to Know About Your Rights
Being charged with stalking in Texas is a serious matter that can lead to severe legal consequences, including jail time, hefty fines, and lasting damage to your personal and professional reputation. If you find yourself facing stalking charges in McKinney, Plano, or anywhere in Texas, understanding your legal rights and the steps to take can make all the difference in the outcome of your case.
What Is Stalking Under Texas Law?
Under Texas Penal Code § 42.072, stalking is defined as engaging in repeated and deliberate behavior that causes another person to feel fear of bodily injury, death, or fear for their family’s safety. Stalking typically involves:
- Following someone repeatedly.
- Sending threatening messages (texts, emails, or social media).
- Showing up uninvited at someone’s home, workplace, or other locations.
- Leaving unwanted gifts with the intent to intimidate or harass.
It’s important to note that one isolated incident may not qualify as stalking, but a pattern of behavior can quickly escalate into a criminal charge.
Penalties for Stalking in Texas
Stalking charges in Texas are taken seriously and can result in felony convictions with life-altering consequences.
Third-Degree Felony Stalking
- Penalties:
- 2 to 10 years in prison
- Up to $10,000 in fines
Second-Degree Felony Stalking (if you have prior stalking convictions)
- Penalties:
- 2 to 20 years in prison
- Up to $10,000 in fines
In addition to jail time and fines, a stalking conviction can result in restraining orders, the loss of gun ownership rights, and a permanent criminal record that can affect future job opportunities, housing, and relationships.
Your Rights When Charged with Stalking in Texas
If you’re facing stalking charges, it’s crucial to understand your legal rights to protect yourself throughout the legal process.
1. The Right to Remain Silent
Anything you say can be used against you in court. Do not speak to law enforcement or investigators without consulting an attorney first. Politely inform the officers that you wish to exercise your right to remain silent until your lawyer is present.
2. The Right to Legal Representation
You have the right to an attorney. Hiring a criminal defense lawyer experienced in stalking cases is essential. An attorney will help you navigate the legal system, protect your rights, and build a strong defense.
3. The Right to Be Presumed Innocent
In Texas, you are innocent until proven guilty. The prosecution must prove beyond a reasonable doubt that you engaged in stalking behavior. This means they need concrete evidence, and your attorney will challenge any weak or circumstantial claims.
4. The Right to a Fair Trial
You have the right to a fair trial by jury. Your lawyer can help ensure the trial process is fair and impartial, and that your side of the story is presented effectively.
Defenses Against Stalking Charges in Texas
If you’re charged with stalking, there are several potential defenses your attorney can use to fight the charges:
- False Accusations: In some cases, the alleged victim may have fabricated the charges out of revenge, jealousy, or to gain an advantage in personal disputes (like child custody cases).
- Lack of Intent: The prosecution must prove that you intended to cause fear or harm. If the behavior was misinterpreted or accidental, this could be a strong defense.
- No Pattern of Behavior: Stalking requires a pattern of repeated actions. If the behavior was a one-time occurrence, it may not meet the legal standard for stalking.
- Freedom of Speech: Not all communication, even if unwelcome, qualifies as stalking. If your contact was within legal boundaries, this can be used as a defense.
What to Do If You’ve Been Charged with Stalking
If you’re facing stalking charges in Texas, here’s what you should do to protect your rights:
- Do Not Contact the Alleged Victim
Even if you believe the charges are false or exaggerated, do not attempt to contact the alleged victim. Doing so could result in additional charges or violate a restraining order. - Hire an Experienced Criminal Defense Lawyer
Contact an attorney who specializes in stalking and harassment cases in Texas. A local lawyer familiar with courts in McKinney, Plano, and surrounding areas will be able to build the strongest possible defense. - Collect Evidence
Gather any evidence that supports your side of the story, such as text messages, emails, or witness statements. Your attorney can also help obtain surveillance footage or other critical evidence. - Stay Off Social Media
Do not discuss your case online. Social media posts can be used against you in court, even if they seem unrelated to the charges.
Why Choose The Fox Firm?
At The Fox Firm, we understand that being charged with stalking is overwhelming and stressful. Our experienced attorneys are dedicated to protecting your rights and fighting for your future. We will:
- Investigate every detail of your case.
- Challenge the prosecution’s evidence.
- Work to have your charges reduced or dismissed.
- Defend you in court with aggressive and skilled representation.
Contact The Fox Firm Today
If you’ve been charged with stalking in McKinney, Plano, or anywhere in Texas, don’t face the legal system alone. Contact The Fox Firm today for a confidential consultation and let us help you protect your rights and future.