San Antonio Stalking Defense Lawyers – Protecting Your Rights Against Serious Felony Charges

Understanding the Severe Nature of Stalking Charges in Texas

Facing a stalking charge in Texas is a profoundly serious legal matter that can upend your life. What may begin as a personal dispute, a misunderstood attempt at communication, or a false allegation can rapidly escalate into a third-degree felony prosecution carrying the potential for years in state prison. Under Texas law, stalking is not a simple harassment charge; it is a pattern of conduct specifically intended to make another person feel threatened and fearful for their safety. At Barton & Associates, our experienced criminal defense attorneys understand the fear and confusion that accompanies these allegations. We know that the justice system, driven by legitimate concerns for victim safety, can sometimes rush to judgment, turning innocent interactions into criminal indictments. The consequences of a conviction are severe and permanent, making it imperative to secure an aggressive, strategic defense from the very first moment you learn of an investigation or charge.

What Constitutes Stalking Under Texas Law?

Texas Penal Code § 42.072 defines stalking with specific, serious elements that the prosecution must prove beyond a reasonable doubt.

A person commits the offense of stalking if, on more than one occasion and pursuant to the same scheme or course of conduct, they knowingly engage in conduct that:

1. Is directed toward another person (the “victim”);
2. The actor knows or reasonably believes the victim will regard as threatening either:
   1. Bodily injury or death for the victim or another; OR
   2. Bodily injury or death for a member of the victim’s family or household; OR
   3. That an offense will be committed against the victim’s property.
3. The conduct causes the victim (or a member of their family/household) to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; AND
4. The conduct would cause a reasonable person to feel fear of bodily injury or death for themselves or a family member.

Key Legal Concepts That Define the Crime:

• “Course of Conduct”: This means two or more acts, including following, surveillance, unwanted communication (phone, text, email, social media), or appearing at a person’s home or workplace.
• “Knowingly”: The state must prove you were aware that your conduct was threatening and would likely cause fear. This is often the central battleground of the defense.
• The “Reasonable Person” Standard: It is not enough for the alleged victim to feel fear; a jury must agree that a reasonable person in the same situation would have felt the same fear of bodily injury or death.

The Severe Penalties for a Stalking Conviction in Texas

Stalking is a third-degree felony in Texas. However, the penalties can be dramatically enhanced based on prior convictions or specific circumstances, making it a potential first-degree felony.

Immediate and Lasting Collateral Consequences

Beyond prison, a stalking conviction triggers a cascade of life-altering penalties:

• Permanent Violent Felony Record: This will appear on every background check for employment, housing, professional licensing, and loans.
• Loss of Firearm Rights: A felony conviction results in a lifelong federal prohibition on possessing firearms.
• Protective Order (“Restraining Order”): A conviction almost guarantees a long-term, potentially permanent, protective order. Violating this order is a separate jailable offense.
• Loss of Professional Licenses: Careers in law, healthcare, education, real estate, and finance will be closed.
• Social Stigma and Isolation: The label “stalker” carries an immense and lasting social stigma that can destroy personal relationships and community standing.
• Immigration Consequences: For non-citizens, a conviction is a deportable offense and will bar future immigration relief.

Common Scenarios and Defense Strategies We Employ

Stalking charges frequently arise from the breakdown of personal relationships. Our defense begins by understanding the full context and challenging the state’s narrow narrative.

Common Situations We Defend:

• Contentious Divorces or Child Custody Battles: Where one party uses false stalking allegations as leverage in family court.
• Failed Romantic Relationships: Where persistent attempts to communicate or reconcile are mischaracterized as threats.
• Neighbor or Workplace Disputes: Where ongoing conflicts lead to exaggerated claims of feeling “watched” or “followed.”
• Online and Social Media Interactions: Where comments, messages, or “likes” are construed as a threatening pattern.
• Mistaken Identity or False Accusations: Where you are wrongly identified or maliciously accused by someone with an ulterior motive.

Proven Defense Strategies from Our Former Prosecutors:

• Challenging the “Threatening” Nature of the Conduct: The core of the state’s case is that your actions were threatening. We argue that your conduct—while perhaps persistent, annoying, or unwise—was not threatening. We distinguish between constitutionally protected speech (even if offensive) and true threats.
• Disputing the “Course of Conduct” and Intent: We demonstrate that the alleged incidents were isolated, unrelated, or lacked the required pattern. We present evidence that you had no intent to threaten or cause fear (e.g., you were trying to deliver belongings, discuss a shared obligation, or were in the same public place by coincidence).
• Exposing False or Exaggerated Allegations: In highly charged personal disputes, allegations are often fabricated or exaggerated. We conduct a thorough investigation to uncover the accuser’s motive (e.g., to gain advantage in a custody case) and expose inconsistencies in their statements and evidence.
• Asserting a Lack of Knowledge: The state must prove you knew your conduct would be regarded as threatening. We present evidence that you had no such knowledge and that any fear experienced was unreasonable or based on the accuser’s personal sensitivities, not your actions.
• Suppressing Unlawfully Obtained Evidence: If evidence was gathered through illegal surveillance, hacking of accounts, or violations of your privacy rights, we file motions to have it excluded from trial.

Negotiating for Mental Health Diversion or Counseling: In cases where the conduct stemmed from misunderstanding or poor judgment, we may advocate for pre-trial diversion programs focused on counseling or mediation, which can lead to dismissal of charges.

The Critical Importance of Immediate Legal Action

From the moment an accusation is made, the system mobilizes. Police may execute search warrants for your phones and computers, and a temporary emergency protective order may be issued, barring you from your home or workplace.

1. DO NOT CONTACT THE ALLEGED VICTIM. Any communication, even to apologize or deny the allegations, can be used as new evidence of stalking and can violate a protective order, leading to immediate arrest.
2. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to police or investigators without an attorney. Do not try to explain your side of the story. Anything you say will be used to establish your pattern of conduct and intent. State clearly: “I will not answer questions without my attorney present.”
3. PRESERVE ALL EVIDENCE. Do not delete text messages, emails, call logs, or social media posts. These may contain crucial context that supports your defense. Document your own timeline of events.
4. CONTACT A DEFENSE ATTORNEY IMMEDIATELY. Early intervention by Barton & Associates allows us to protect your rights during questioning, challenge the basis for any search warrants, and begin building your defense narrative before the prosecution’s case solidifies.

Why Choose Barton & Associates for Your Stalking Defense

Facing a stalking charge requires a law firm with the experience to handle emotionally charged cases and the legal skill to dissect complex patterns of evidence.

• Former Prosecutorial Insight: Our attorneys who served as prosecutors understand how the state builds stalking cases, especially how they use digital evidence (texts, emails, location data) to prove a “course of conduct.”
• Skilled Investigation of Personal Disputes: We are adept at investigating the underlying personal relationships that lead to these charges, uncovering motives for false accusations that a police investigation often misses.
• Aggressive Protection of Your Rights: We fight back against overreach, filing motions to quash unlawfully broad subpoenas for your digital life and challenging the constitutionality of vague stalking statutes as applied to your case.
• Compassionate, Clear Guidance in Crisis: We provide the steady, rational counsel you need during an allegation that feels deeply personal and invasive, guiding you through both the criminal case and any parallel family court proceedings.

Your Future and Reputation Are on the Line. Act Now.

A stalking allegation is a direct attack on your character and liberty. The state will pursue it as a violent felony, and the social stigma can be devastating even before trial. Hoping it will go away or attempting to explain yourself directly to the accuser or police are the worst possible strategies.

Do not wait. Do not break a protective order. Do not speak to authorities.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin the work of protecting your rights, investigating the allegations, and building the powerful defense you need to clear your name and secure your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000