Stalking Defense in Corpus Christi: Protecting Your Rights Against Serious Criminal Allegations

A stalking accusation can turn your life upside down. In Texas, stalking is a serious felony offense that carries the potential for years in prison, a permanent criminal record, and lifelong consequences. What may have started as an attempt to reconcile, a misunderstanding, or a series of seemingly innocent contacts can escalate into criminal charges that threaten your freedom, your career, and your family. In Corpus Christi and throughout the Coastal Belt, stalking cases are prosecuted aggressively, often based on allegations that are difficult to challenge. When your freedom and your future are on the line, you need a defense attorney who understands the complexities of stalking law and will fight to protect your rights.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are charged with stalking. Whether you are accused of unwanted communications, following, or monitoring another person, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Stalking in Texas

Stalking is defined under Section 42.072 of the Texas Penal Code. The offense occurs when a person, on more than one occasion, engages in conduct directed toward another person that would cause a reasonable person to fear for their safety or the safety of their family, and the conduct actually causes the alleged victim to feel such fear.

Elements of the Offense

The state must prove:

• On two or more occasions, you engaged in conduct directed toward the alleged victim
• The conduct would cause a reasonable person to fear:
  • Bodily injury or death for themselves or a family member
  • Sexual assault
  • Kidnapping
  • Imprisonment
  • Stalking of a family member
• The alleged victim actually experienced such fear
• Your conduct was knowingly or intentionally directed at the alleged victim

What Conduct Qualifies as Stalking?

Stalking conduct can include:

• Following or surveilling the alleged victim
• Repeated communications (calls, texts, emails, social media messages)
• Appearing at the alleged victim’s home, workplace, or school
• Sending gifts or letters
• Posting about the alleged victim online
• Threatening messages
• Any pattern of behavior that causes fear

Penalties

Stalking is a third-degree felony, punishable by:

• 2 to 10 years in prison
• Fine up to $10,000

Enhanced Penalties

Stalking can be enhanced to a second-degree felony (2 to 20 years) if:

• The person has a prior conviction for stalking
• The person violated a protective order while committing the stalking
• The victim was under 18 years of age at the time of the offense

How Stalking Charges Arise in Corpus Christi

Stalking charges in Corpus Christi typically arise in several contexts:

Relationship Breakups

After a breakup, one party may attempt to contact the other repeatedly. What the contacting party views as attempts to reconcile may be perceived by the other as unwanted and threatening. This can lead to stalking charges.

Protective Order Violations

If a protective order is in place, any contact—even contact that would otherwise be innocent—can result in criminal charges. A text message, an email, or appearing at a location where the protected person is present can lead to stalking allegations.

Social Media Activity

Social media can be a source of stalking allegations. Repeated messages, comments, or posts directed at a person can be construed as stalking, even if the content itself is not threatening.

Misunderstandings

What one person perceives as persistent contact may be viewed by the other as harassment. A series of communications that are not threatening can still be charged as stalking if they cause fear.

False Allegations

In contentious divorces or custody disputes, false allegations of stalking are not uncommon. A false claim of stalking can be used to gain leverage in family court or to obtain a protective order.

The Consequences of a Stalking Conviction

A conviction for stalking carries serious consequences:

Criminal Penalties

• Prison time: 2 to 10 years (or 2 to 20 years if enhanced)
• Fine: Up to $10,000
• Probation: May be available, but conditions are strict

Felony Record

A stalking conviction is a felony. It remains on your record permanently and affects:

• Employment opportunities
• Professional licensing
• Housing applications
• Firearm rights
• Voting rights (during incarceration and while on parole)

Protective Orders

A stalking conviction almost always results in a protective order that restricts your contact with the alleged victim.

Loss of Firearm Rights

A stalking conviction results in loss of the right to possess firearms under federal law (Lautenberg Amendment).

Professional Consequences

A stalking conviction can affect professional licenses, particularly in fields such as healthcare, education, and law enforcement.

Defending Against Stalking Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Challenging the “Two Occasions” Element

The state must prove that you engaged in prohibited conduct on two or more separate occasions. If the alleged conduct occurred only once, you are not guilty of stalking.

Challenging the Fear Element

The state must prove that a reasonable person would fear for their safety and that the alleged victim actually experienced such fear. Defenses include:

• The alleged conduct was not threatening
• A reasonable person would not have felt fear
• The alleged victim’s fear was unreasonable or exaggerated
• The alleged victim did not actually experience fear

Challenging the Intent Element

The state must prove that you acted knowingly or intentionally. Defenses include:

• You did not intend to cause fear
• Your conduct was accidental or inadvertent
• You believed your contact was welcome

First Amendment Defenses

Communications that are protected by the First Amendment—such as legitimate speech or expression—cannot form the basis of a stalking charge.

Lack of Knowledge

If you did not know that your conduct was unwelcome or that the alleged victim was fearful, you may have a defense.

False Allegations

If the allegations are false, your attorney can investigate and present evidence of:

• Inconsistencies in the alleged victim’s statements
• Motives to lie (divorce, custody disputes, protective orders)
• Witness testimony contradicting their account
• Evidence of prior false allegations
• Text messages, emails, or social media posts showing the alleged victim’s state of mind

Relationship Context

If you had a prior relationship with the alleged victim, your attorney may argue that the conduct was part of ongoing communication within that relationship, not stalking.

Protective Orders and Stalking

A stalking charge is often accompanied by a protective order. Protective orders can:

• Prohibit contact with the alleged victim
• Require you to move out of your home
• Restrict your contact with your children
• Prohibit firearm possession

Violation of a protective order is a separate criminal offense.

Frequently Asked Questions About Stalking

What is stalking in Texas?

Stalking is a third-degree felony that occurs when a person, on two or more occasions, engages in conduct that would cause a reasonable person to fear for their safety, and the alleged victim actually experiences such fear.

What is the penalty for stalking in Texas?

Stalking is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. It can be enhanced to a second-degree felony in certain circumstances.

Can I be charged with stalking for sending text messages?

Yes. Repeated text messages, even if not threatening, can form the basis of a stalking charge if they cause fear.

What is the difference between stalking and harassment?

Harassment is generally a misdemeanor. Stalking is a felony that requires a pattern of conduct causing fear of harm.

Can I be charged with stalking if I was trying to reconcile?

Yes. Even if your intent was to reconcile, the alleged victim’s perception of fear can result in stalking charges.

What if I had a prior relationship with the person?

A prior relationship does not provide a defense to stalking. However, the context of the relationship may be relevant to whether the conduct was threatening.

Can false allegations of stalking be defended?

Yes. False allegations can be defended by presenting evidence of inconsistencies, motives to lie, witness testimony, and communications showing the alleged victim’s state of mind.

How long does a stalking conviction stay on your record?

A stalking conviction stays on your record permanently. It is a felony conviction.

Will I lose my guns for a stalking conviction?

Yes. A stalking conviction results in loss of the right to possess firearms under federal law.

Do I need an attorney for a stalking charge?

Yes. Stalking is a felony that can result in years in prison, loss of firearm rights, and a permanent criminal record. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Stalking charges are serious felonies that can result in years in prison, loss of firearm rights, and lifelong consequences. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against stalking charges in the Nueces County criminal courts.

Our attorneys understand the nuances of stalking law, the importance of challenging the “two occasions” and “fear” elements, and the strategies for defending against false allegations. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that stalking charges often arise from relationship disputes, misunderstandings, or false allegations. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.

Protect Your Freedom and Your Future Today

If you are charged with stalking in Corpus Christi, your freedom and your future are on the line. A conviction can result in years in prison, loss of firearm rights, and a permanent criminal record. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against stalking charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780