In Texas, stalking is not only a deeply disturbing crime, but it also carries significant legal consequences. If you're facing stalking charges, understanding what the law says about stalking and what the penalties are is crucial. A conviction can impact your future in many ways, from lengthy prison sentences to lasting social and personal consequences.

We want to break down what stalking is, the penalties for a stalking conviction in Texas, and what it means for your future if you are found guilty of stalking.

What is Stalking Under Texas Law?

Before diving into the consequences of a stalking conviction, it's important to understand what stalking is, as defined by Texas law.

Under Texas Penal Code § 42.072, stalking occurs when a person intentionally and repeatedly engages in conduct that causes another person to feel afraid for their safety or the safety of their loved ones. This can include:

• Following someone or showing up at their home or workplace uninvited.
• Sending unwanted communication, including phone calls, emails, texts, or letters.
• Using social media to send harassing messages or post harmful content about someone.
• Threatening behavior, such as using a computer to send harmful or abusive messages, or sending disturbing images or videos to someone without their consent.

Stalking is often a pattern of repeated behavior, meaning it involves multiple incidents over time, rather than a single action.

The Penalties for a Stalking Conviction in Texas

In Texas, stalking is classified as a third-degree felony under Texas Penal Code § 42.072. While a third-degree felony is not as serious as more severe offenses, it is still considered a serious crime that can result in significant consequences. Here’s a breakdown of the penalties:

1. Incarceration

If you are convicted of stalking in Texas, you may face 2 to 10 years in prison. The length of your sentence can depend on a variety of factors, such as your criminal history, whether the victim was a family member, or if any aggravating circumstances (such as the use of a weapon) were involved.

2. Fines

In addition to possible jail time, you could be fined up to $10,000. This fine is in addition to any restitution the court may require you to pay to the victim for any damages they experienced as a result of your actions.

3. Enhanced Penalties for Previous Convictions

If you have a prior stalking conviction or a history of similar criminal behavior, the consequences for a subsequent stalking conviction can be more severe. The judge may add additional time to your sentence. If you have a history of violent crimes, such as assault or domestic violence, it could also increase the severity of your penalty.

4. Protective Orders

Another significant consequence of stalking is that the victim can request a protective order against you. A protective order, also known as a restraining order, is a legal document that prohibits you from contacting or approaching the victim. Violating this order can lead to more criminal charges, including additional time in jail and fines.

The Impact of Stalking Convictions on Your Life

Beyond prison sentences and fines, being convicted of stalking can have lasting effects on many aspects of your life.

1. Criminal Record

A stalking conviction results in a permanent criminal record. This can make it much more difficult to find a job, secure housing, or obtain professional licenses in certain fields. Many employers conduct background checks before hiring, and having a stalking conviction on your record can be a major obstacle.

2. Loss of Gun Rights

A stalking conviction may result in the loss of your ability to possess or own firearms. Under Texas law, if you are convicted of certain crimes, including stalking (especially if the victim is a family member), you may be prohibited from owning or purchasing firearms. This restriction could have significant implications for your personal and professional life.

3. Impact on Family and Social Life

Being convicted of stalking, especially if the victim is a family member or intimate partner, can severely damage your personal relationships. A conviction could lead to strained relationships with family members, friends, and colleagues, and you may face social isolation. If the stalking occurred within the context of a relationship, it could also affect future relationships and dating prospects.

4. Increased Sentencing for Violating Protective Orders

If you have a protective order issued against you, and you violate it, the penalties can be much more severe. Violating a protective order can result in additional criminal charges, longer sentences, and larger fines. It’s crucial to understand that violating the order can significantly escalate your legal troubles.

5. Potential for Domestic Violence Classification

Stalking can often overlap with domestic violence issues. If you are stalking a current or former spouse, partner, or family member, the case may be classified as a domestic violence offense. In Texas, a domestic violence conviction can have particularly severe consequences, including a permanent criminal record, restrictions on child custody, and loss of the right to own firearms.

How Stalking Affects Victims

Stalking can have significant emotional and psychological consequences for the victims. Stalkers often cause immense distress, fear, and anxiety in their victims, leading to:

• Mental Health Issues: Victims of stalking may experience depression, anxiety, and post-traumatic stress disorder (PTSD).
  
  
• Physical Safety: Stalking can lead to direct threats to a person’s physical safety, especially if the stalker escalates their behavior or shows up at their home or workplace.
  
  
• Impact on Daily Life: Victims often find themselves altering their routines, moving to new locations, or taking extreme safety measures to protect themselves. The emotional toll of constantly fearing for their safety can be overwhelming.

What Are the Defenses Against Stalking Charges in Texas?

If you’ve been charged with stalking in Texas, there are several potential defenses that an attorney might consider in your case:

1. Lack of Intent: Stalking requires intent. If you did not intend to cause fear or distress to the victim, this could be a defense.
   
   
2. No Repeated Behavior: If you only engaged in a single incident, it may not qualify as stalking, which involves a pattern of repeated behavior.
   
   
3. First Amendment Rights: If your actions were simply exercising free speech (such as protesting), and did not involve harassment or intimidation, it could be a valid defense.
   
   
4. Mistaken Identity: In some cases, you may be mistakenly identified as the person committing the stalking, and there could be evidence to support that claim.

What to Do If You Are Charged With Stalking

If you are accused of stalking, the first thing you should do is contact a professional Fort Bend, TX criminal attorney. It's crucial to understand your rights and the best way to approach your case. Here’s what to keep in mind:

• Do not speak to the police without legal counsel. Anything you say could be used against you.
• Gather evidence that may help your defense. This could include phone records, text messages, or other evidence that can support your side of the story.
• Follow the law. If you’ve been served with a protective order, make sure to comply with it.

Summary

A stalking conviction in Texas can result in severe penalties, including prison time, fines, and permanent consequences that affect your personal and professional life. The emotional and psychological toll on victims is significant, and the legal consequences for the perpetrator are equally serious. If you are facing stalking charges, it is important to consult with a criminal defense attorney to understand your rights and build the best defense possible.

At Lawrence Law Firm, PLLC, we understand the gravity of stalking charges and are committed to defending our clients with the utmost attention and care. If you are facing stalking allegations in Texas, we are here to help you navigate the legal process and protect your future. Call us now at (832) 356-4404 for a free initial consultation.

‍