A stalking charge can have serious consequences. A conviction could lead to jail time, fines, and a permanent record.
At the Law Offices of RJ Harber, we know from experience that these cases are often based on misunderstandings or false claims. Without a strong defense, you risk severe penalties. Texas law treats stalking as a felony, so acting quickly is crucial.
Attorney RJ Harber knows the delicate nature of these charges. As a former prosecutor, he knows how the state builds its case and how to challenge it while maintaining the utmost professionalism and confidentiality. If you’ve been accused of stalking in Dallas, don’t wait. Contact us today for a confidential consultation.
Stalking Laws in Texas
Stalking in Texas does not always require direct threats. A person can still be charged if their repeated actions—such as surveillance, unwanted contact, or harassment—cause someone to reasonably fear for their safety or the safety of their family.
Stalking doesn’t always involve direct threats. Even if no threats are made, a person can still be charged if their actions cause someone to fear for their own safety and their family’s.
Unlike some states with separate aggravated stalking laws, Texas prosecutes all stalking offenses under one statute. However, penalties increase if the accused has prior stalking convictions or violates a protective order. In such cases, the offense can be charged as a more serious felony.
Even a first-time stalking charge is a felony in Texas, meaning a conviction could result in years behind bars and a permanent record. If you’re facing accusations, taking action early can make all the difference in your defense.
Aggravating Factors in Stalking Charges
One of the biggest factors is a prior conviction for stalking. If someone has been convicted of stalking before, a new charge is automatically upgraded from a third-degree felony to a second-degree felony, which carries a longer prison sentence and higher fines.
Violating a protective order while engaging in stalking behavior can also be an aggravating factor. If the alleged victim has a restraining order—such as a family violence protective order—the violation may serve as evidence of intent and could lead to additional criminal charges.
Under Texas law, violating a protective order is a separate offense that can result in further penalties, even if stalking charges are not proven.
Penalties for a Stalking Conviction in Texas
Stalking is always a felony in Texas, with penalties that depend on whether the accused has prior convictions.
- Third-Degree Felony (first offense): Punishable by 2 to 10 years in prison and up to $10,000 in fines.
- Second-Degree Felony (if previously convicted of stalking): Punishable by 2 to 20 years in prison and up to $10,000 in fines.
Protective Orders and Stalking Charges
In many stalking cases, courts issue protective orders to prevent contact between the accused and the alleged victim. These orders can have immediate legal consequences, even before a trial takes place. Types of protective orders in stalking cases:
- Temporary Ex Parte Protective Order
- Final Protective Order
- Emergency Protective Order (EPO)
Violating a Protective Order
- Violating a temporary or final protective order is a separate criminal offense in Texas.
- Even an indirect violation—such as responding to a text message—can lead toan arrest if it is deemed intentional or knowing.
- Texas law prohibits all forms of contact outlined in a protective order, including direct communication, third-party contact, or even being within a restricted distance of the protected person.
- A first-time violation is usually a Class A misdemeanor (up to 1 year in jail and a $4,000 fine), but repeat violations or additional offenses can lead to felony charges.
Related Charges
In stalking cases, prosecutors may file additional or alternative charges depending on the circumstances. Some offenses are commonly charged alongside stalking or used as lesser charges in plea negotiations.
Harassment – Texas Penal Code §42.07
Harassment occurs when someone intentionally and repeatedly contacts another person in a way that serves no legitimate purpose and is meant to harass, alarm, abuse, torment, or embarrass them. This can include:
- Repeated phone calls, texts, or emails, even if no direct threats are made.
- Making obscene or offensive remarks.
Criminal Trespass – Texas Penal Code §30.05
Criminal trespass occurs when a person enters or remains on someone’s property without effective consent, particularly after receiving a prior warning to leave.
Warnings can be verbal, written, or indicated by posted signs, fencing, or other barriers. In stalking cases, criminal trespass charges may apply if the accused repeatedly shows up at the alleged victim’s home, workplace, or another restricted area without permission.
Aggravated Assault – Texas Penal Code §22.02
Aggravated assault occurs when someone causes serious bodily injury or uses a deadly weapon during an assault. If stalking behavior escalates to physical violence or direct threats with a weapon, aggravated assault charges may be filed in addition to—or instead of—stalking.
How Our Dallas Stalking Defense Lawyer Can Help
The State of Texas has significant resources dedicated to prosecuting criminal cases. If you are facing a stalking charge, it means the prosecution believes there is sufficient evidence to proceed. This makes it crucial to have a strong legal defense on your side.
That’s why you need an experienced defense attorney. As a former prosecutor, RJ Harber has the experience needed to fight fire with fire to defend you:
Lack of Intent
Stalking requires intentional conduct. If the accused did not mean to cause fear or distress, this could be a valid defense. For example, if the alleged actions were misunderstood or misinterpreted, they may not meet the legal definition of stalking.
No Pattern of Behavior
Texas law requires a pattern of repeated conduct to support a stalking charge. A single incident, even if it caused fear, is not enough for a conviction. If the prosecution cannot prove repeated behavior over time, the case may not hold up in court.
Insufficient Evidence
The prosecution must prove the case beyond a reasonable doubt. If there is no clear evidence—such as surveillance footage, credible witness testimony, or threatening messages—there may not be enough proof to convict.
Contact Us for a Free Consultation
The sooner you get in touch with an experienced stalking defense attorney, the more effective your defense can be, and the better chance of a favorable outcome. If you have been charged with stalking in Dallas, get in touch with our Dallas stalking defense lawyer, RJ Harber, as soon as possible. Schedule your free consultation today.
Frequently Asked Questions
Can I be charged with stalking for sending multiple messages online?
Yes, a stalking charge may apply if someone repeatedly uses electronic communication, such as emails, texts, or social media, to harass or intimidate another person.
If the behavior meets the legal definition of stalking—causing a reasonable person to fear harm or bodily injury—it can lead to criminal charges under Texas law.
What is the difference between stalking and harassment under Texas law?
While both crimes involve unwanted contact, they have different legal standards.
- Harassment (Texas Penal Code § 42.07) is a misdemeanor and occurs when someone repeatedly communicates in a way that is intended to harass, alarm, abuse, torment, or embarrass another person.
- Stalking (Texas Penal Code § 42.072) is a felony and involves repeated conduct that causes a reasonable person to fear bodily injury, death, or property damage to themselves, a family member, or their property.
How can a criminal defense lawyer help with a stalking charge?
A skilled attorney can examine the evidence, challenge allegations, and argue that the accused did not commit the offense as defined under the Texas Penal Code.
Common defenses include:
- Proving a lack of intent to cause fear
- Demonstrating insufficient evidence to prove the crime
- Arguing that the contact was mutual or misinterpreted
- Showing that the accusation was false or exaggerated
A strong criminal defense strategy may lead to a dismissal or reduction of charges, avoiding prison time and a criminal record.
What should I do if I’ve been charged with stalking in Dallas?
If you have been charged with stalking, it is essential not to talk to anyone before your attorney is present. Contact a Dallas stalking defense attorney immediately to review your case, advise your next steps, protect your rights, and develop a strong legal defense.
Can online messages be considered cyberstalking in Texas?
Cyberstalking is not a crime on its own in Texas. Yet, it can be charged as harassment or stalking if the online behavior causes fear of harm, bodily injury, or significant emotional distress.
The prosecution must prove that the accused knowingly engaged in a pattern of behavior meant to threaten or harass. This could include persistent unwanted messages, doxxing (publishing private information), impersonation, or using technology to track someone without consent.