Stalking charges are filed when you knowingly engage in a behavior towards another person that causes the person to experience reasonable fear for their own or their loved ones’ safety. It is a serious charge, with serious consequences under Texas Law. If you face stalking charges today, it is critical to take time to understand the statute and what is required to avoid a criminal conviction. This ensures you understand how district attorneys build their cases, and how different your charges are from closely related offenses.
It is advisable to contact a skilled criminal defense attorney from the start of the legal process. They will review the circumstances of your case, defend your rights, and plan well for the best possible outcome in the case.
The Legal Meaning of Stalking Under Texas Law
An arrest for stalking can create stress and fear, especially because of its uncertain outcome. This is because it is among the most serious offenses under Texas law, with serious penalties for those convicted. It can result in a lengthy prison sentence, a hefty fine, and other life-changing consequences that impact your life for years. It is critical to understand your charges so that you can develop a solid defense to avoid a conviction. You can do this with the help of an experienced criminal defense attorney.
The crime of stalking happens when you knowingly behave towards another person in a way that creates reasonable fear for their own or their loved ones’ safety. Stalking can also cause an individual or their family to experience severe emotional distress. You can do this through direct actions, like making phone calls or appearing in person, to put another person in reasonable fear. You can also stalk a person indirectly by directing the unwanted behavior through another person.
The legal meaning of this offense is contained in its various elements, which are the facts that a district attorney must prove beyond any reasonable doubt to get a conviction. These elements are as follows:
- That you engaged in a course of conduct or pattern of behavior
- The conduct or behavior was directed towards a person who is the victim of your crime, or the alleged victim’s loved one (s).
- The behavior or conduct put the victim in reasonable fear for their own or their loved ones’ safety.
- Your behavior was severe enough to cause a reasonable person, in a similar situation, to experience the same kind of fear or emotional distress as the alleged victim.
It is critical to take time to understand these elements better so you can plan your defense even more effectively.
The Pattern of Behavior or Course or Conduct
Stalking is not a one-time event but something that occurs over time. It requires a course of conduct or pattern of behavior that puts a person in reasonable fear for their own or their family’s safety. The prosecutor must prove that you engaged in a pattern of behavior on more than one occasion that brought emotional distress to the alleged victim. The type of behavior that can result in stalking charges includes the following:
- Constantly following the alleged victim home, to their workplace, or anywhere else they would go.
- Showing up at the places the victim would be, including their workplace, home, or any other familiar place
- Watching the victim or engaging in unlawful surveillance
- Engaging in unwanted communication with the victim through emails, text messages, or on social media platforms
- Damaging their property on more than one occasion
The Threat to the Victim’s Safety
The pattern of behavior directed to a victim must involve behavior or words that the perpetrator knows or should reasonably know that the victim will consider a threat. The threatening words or behavior can be directed to the alleged victim, a member of their family or household, or a person they are in an intimate relationship with.
Emotional Distress and Actual Fear
The prosecutor must also prove that your behavior towards the alleged victim caused them to experience reasonable fear for their own or their loved ones’ safety. The fear could be of bodily harm or death, or the fear that something bad can happen to them, their loved ones, or their property. The alleged victim must also feel terrified, harassed, alarmed, intimidated or tormented by your behavior.
The Reasonable Person Standard
This is a very important standard prosecutors must prove in stalking cases in Texas. The prosecutor must demonstrate beyond any reasonable doubt that your actions should have caused a reasonable person to experience the same fear or emotional distress as the victim if they were put in the same situation as the victim. This shows how severe your actions were.
Thus, stalking is not just about your behavior but its impact and your intent. The prosecutor must show that, in addition to behaving the way you did, you intended to cause the victim to experience fear or emotional distress. Your behavior was repeated and could affect another person in a similar position. The prosecutor must prove all these elements to get a guilty verdict in your case. If they lack sufficient evidence to prove one or more elements, the court can dismiss your charges.
That is why you need a skilled criminal defense attorney to help you determine loopholes that could help you obtain a favorable outcome.
The Different Types of Stalking Under Texas Law
There are different levels of staking charges under Texas law, depending on the facts of your case and your criminal history. The penalties for the different charges vary and increase as the perpetrator’s behavior becomes more severe or as the number of prior convictions on their record increases. The different levels include the following:
Class A Misdemeanor
The prosecutor can file a Class A misdemeanor charge against you for stalking if the legal definition of your crime does not meet the felony threshold. This mainly happens in cases where your behavior, although it qualifies as stalking under the legal definition, is not severe enough to harm the victim or their loved ones significantly. Class A Misdemeanors are generally stalking cases that involve less serious threats or limited patterns of behavior.
Third-Degree Felony
You can also face a third-degree felony charge for stalking in Texas. This charge will likely be filed if your behavior is serious, but you do not have prior convictions for stalking or any related crime. A third-degree felony can result in serious penalties, including a prison sentence of two to ten years.
Second-Degree Felony
This is a more serious stalking charge that will likely be filed if you have a prior conviction for stalking or a related offense on your criminal record. A second-degree felony can result in a more severe penalty, including a prison sentence of two to twenty years.
The Presence of Aggravating Factors
Aggravating factors are circumstances in a criminal case that increase your culpability and possible penalties. Their presence in your case can result in an enhanced charge and penalties.
You will likely receive stiffer charges and penalties if you used or threatened to use a deadly weapon in a stalking offense. The judge will also likely enhance your penalties if you committed stalking in violation of a court-issued protective or restraining order.
Also, committing a stalking offense against a vulnerable person, like a person living with a disability, can result in enhanced charges and penalties.
Your skilled attorney will help you understand why your charges are more severe and the possible penalties if you are convicted. They will also help you develop a defense strategy that will result in a more favorable outcome.
Criminal Penalties and Other Consequences of a Stalking Conviction
Remember that stalking is generally a serious offense under Texas Law. Its penalties upon conviction, even for a less-severe offense, will likely be serious. Criminal court judges give penalties for stalking after a guilty verdict, according to the nature of the crime and your criminal history. Under the law, penalties are provided according to the different levels of the stalking offense.
Also, recall that a Class A Misdemeanor, the least severe form of this offense, is punishable by up to 1 year in jail and up to $ 4,000 in court fines. Class A misdemeanors are the most severe forms of misdemeanor offenses under the law. A third-degree felony is punishable by two to ten years in prison, and up to $10,000 in court fines, while a second-degree felony is punishable by two to twenty years in prison and up to $10,000 in court fines.
Jail or Prison Sentences
Jail and prison sentences are possible if the jury gives a guilty verdict in your case. This automatically means spending some time behind bars. Although a misdemeanor conviction carries only a one-year jail sentence, it is still a long time away from your job, family, and regular schedule. A jail or prison sentence will definitely disrupt your life and could result in life-changing consequences across various aspects of your life.
Hefty Fine
In addition to a jail or prison sentence, the judge could impose a fine, which generally ranges from $4,000 to $10,000. This can increase significantly if other court fees and costs are added.
Protective or Restraining Order
A conviction for stalking can also result in a court-issued protective or restraining order. This will prevent further contact with the victim and their loved ones. While it is an excellent protective measure for the victim, a restraining order can significantly affect your life. You could violate it if you visit places you frequently visit, including your home (if you live close to the victim) or your workplace (if you work with or are close to the alleged victim). A restraining order can also limit your freedom. A violation can result in additional criminal charges and other penalties.
A Conviction Effect on Your Professional Life
A conviction for stalking will also affect your employment and professional license. Remember that if you are sentenced to jail or prison, you will be out of work for some time. Most employers will not take you back after serving your sentence. New employers may not hire you because of your criminal background. A conviction can also result in the suspension or revocation of your professional license. Reinstating your license after serving time can be challenging because of your criminal background. This generally limits the types of jobs you can do to earn a living, even after serving your sentence and becoming fully rehabilitated.
Immigration Consequences
A conviction for stalking could also have serious immigration consequences. This can happen if your crime is considered an aggravated felony because it involves malicious intent or credible threats of violence. As a crime of moral turpitude, stalking can result in deportation and being marked as inadmissible to the United States. You could also lose your immigration benefits under the Federal Law.
Strategies for Fighting Stalking Charges
If you face charges for stalking, it is advisable to immediately hire a skilled criminal attorney for advice, guidance, and help. Your attorney will defend your rights, help you understand your charges better, and develop a defense strategy that will result in a favorable outcome. They will also represent you in court during the trial and fight alongside you until you are happy with the outcome of your case. Here are some of the defense strategies your attorney can use for the best possible outcome:
You Did Not Intend to Cause The Victim’s Fear
Remember that the crime of stalking is accomplished when you cause the victim to experience reasonable fear for their safety or their loved ones’ safety. You must have acted intentionally or knowingly to instill this kind of emotional distress or fear. If you did not intend to cause the victim’s fear, you can successfully fight your stalking charges in court. However, you need compelling evidence to convince the jury of the same.
Generally, in criminal cases like these, the prosecutor bears the burden to prove that you intended to cause the victim to experience fear for their safety or their loved one’s safety. You can counter that claim to weaken the prosecutor’s case, making it impossible for them to prove your case beyond any reasonable doubt. If this happens, the court will drop your charges.
You Were Exercising Your Constitutional Right to Free Speech
This defense strategy can work in your favor if you can prove that your words and actions are protected under the Constitution’s free speech law. This can be true if what you said or did was reasonable and protected under the First Amendment. An experienced attorney can use this defense strategy successfully to convince the judge to dismiss your charges.
You Are Accused Falsely
A person can file false criminal charges against you out of jealousy or a desire for revenge. Unfortunately, without proper defense, a false accusation can leave you paying heavily for a crime you did not commit. However, a skilled criminal attorney can investigate the case to prove that you did not commit the crime. They can use your alibi, surveillance pictures, video, or electronic communication between you and the alleged victim.
An aggressive attorney can also create reasonable doubt in the prosecutor’s case to make it difficult for them to prove the case. If any of these strategies is successful, the court will drop your charges.
The Prosecutor’s Evidence is Insufficient
The prosecutor must present compelling evidence to support the case and prove all its elements for the court to render a guilty verdict. Sometimes, this is challenging, especially if the alleged victim has not documented enough evidence to support their claims. For example, the prosecutor may not have enough evidence to prove a pattern or series of conduct towards the victim. This can result in case dismissal.
Also, the prosecutor may not effectively prove that you intended to cause the victim to experience reasonable fear for their own or their loved one’s safety. If this happens, the court will drop your charges.
The Communication was Consensual
You can use this defense strategy if the communication between you and the alleged victim was consensual. You can prove this by presenting a detailed account of your communication since it began at the time the victim alleges that you were stalking them. If there is proof that they received and responded to your communications, the court will dismiss their claim that the contact between you was unwanted, unwelcome, or not encouraged. This does not support a stalking charge and will result in dismissal of the case.
Find an Experienced Criminal Defense Attorney Near Me
If you face stalking charges in Fort Worth, contact an experienced criminal attorney right away. They will ensure you understand the nature and severity of your charges, your options, and the best defense strategies for a favorable outcome. They will also fight for your rights and offer the support you need during the legal process.
At Andrew Deegan Criminal Attorney at Law, we will first review your charges and offer the support you need from the start to the end of the legal process. Our skilled attorneys will also develop the best defense to convince the court to reduce or dismiss your charges. Call us at 817-689-7002 to discuss your charges and our services further.
