Penalties for Stalking and Harassment in Texas: Misdemeanor vs. Felony Charges
Facing stalking or harassment charges in Texas is a serious matter that can have long-lasting consequences on your freedom, reputation, and future. Whether you’re dealing with accusations of unwanted contact, repeated threats, or more severe forms of stalking, it’s important to understand how Texas law classifies these crimes and what penalties you might face. This blog will break down the differences between misdemeanor and felony stalking and harassment charges in Texas, and what you can do if you’re facing these allegations.
What Is Considered Stalking and Harassment in Texas?
While stalking and harassment are often used interchangeably, Texas law treats them as distinct crimes with different legal definitions and penalties.
- Harassment typically involves repeated, unwanted communication that is intended to annoy, alarm, abuse, torment, or embarrass someone. This can include phone calls, text messages, emails, or social media interactions.
- Stalking is more severe and involves a pattern of behavior that causes the victim to feel fear for their safety or the safety of their family. Stalking often includes following someone, showing up at their home or workplace, or making threatening gestures or comments.
Both crimes can lead to criminal charges in Texas, but the severity of those charges depends on the specific circumstances of each case.
Harassment Charges in Texas: Misdemeanor Penalties
Under Texas Penal Code § 42.07, harassment is generally charged as a misdemeanor, but the level of the misdemeanor can vary.
Class B Misdemeanor Harassment
- Examples: Repeated unwanted phone calls, texts, or emails intended to annoy or alarm.
- Penalties:
- Up to 180 days in jail
- Fines up to $2,000
Class A Misdemeanor Harassment
- Examples: Harassment that includes threats of bodily harm or that targets certain protected individuals, such as public servants.
- Penalties:
- Up to 1 year in jail
- Fines up to $4,000
While harassment charges might seem less severe than stalking, a conviction can still have a major impact on your personal and professional life.
Stalking Charges in Texas: Felony Penalties
Stalking is treated much more seriously under Texas law and often results in felony charges. According to Texas Penal Code § 42.072, stalking involves repeated behavior that causes someone to fear for their safety.
Third-Degree Felony Stalking
- Examples: Repeatedly following someone, leaving threatening messages, or engaging in behavior that causes a reasonable fear of harm.
- Penalties:
- 2 to 10 years in prison
- Fines up to $10,000
Second-Degree Felony Stalking (for repeat offenders)
- Examples: Committing stalking after a previous conviction for the same offense.
- Penalties:
- 2 to 20 years in prison
- Fines up to $10,000
A felony conviction for stalking will result in permanent consequences, including the loss of certain civil rights, such as the right to vote or possess firearms.
Other Consequences of Stalking and Harassment Charges
Beyond jail time and fines, stalking and harassment charges in Texas can lead to:
- Restraining Orders: You may be prohibited from contacting the alleged victim or going near their home, workplace, or family.
- Permanent Criminal Record: A conviction will stay on your record and can affect your ability to get a job, housing, or professional licenses.
- Loss of Custody Rights: If the alleged victim is a co-parent, stalking or harassment charges can impact child custody arrangements.
Defenses Against Stalking and Harassment Charges
If you’re facing stalking or harassment charges, there are several legal defenses that can be used depending on the facts of your case:
- Lack of Intent: The prosecution must prove you intended to harass or cause fear. If your behavior was misinterpreted, this could be a strong defense.
- False Accusations: In some cases, the alleged victim may make false claims out of revenge, jealousy, or to gain an advantage in a personal dispute.
- Freedom of Speech: Not all offensive or unwanted communication qualifies as harassment. If your actions were within legal boundaries, this could serve as a defense.
- No Pattern of Behavior: For stalking charges, the prosecution must prove a pattern of behavior, not just isolated incidents.
Why You Need a Criminal Defense Lawyer
Stalking and harassment charges in Texas are taken seriously by law enforcement and prosecutors. Without experienced legal representation, you risk facing the full extent of the penalties, including jail time, fines, and a permanent criminal record.
At The Fox Firm, we specialize in defending clients against stalking and harassment charges in McKinney, Plano, and throughout Texas. We understand how emotionally charged these cases can be and will fight to protect your rights and reputation.
Contact The Fox Firm Today
If you’re facing stalking or harassment charges in Texas, don’t wait. The sooner you get legal help, the better your chances of building a strong defense. Contact The Fox Firm today for a confidential consultation and let us help you protect your future.