San Antonio Harassment Defense Attorneys: Protecting Your Rights Against Texas Penal Code §42.07 Charges

Understanding the Serious Nature of Harassment Charges in Texas

A harassment charge in Texas is not merely an interpersonal dispute—it is a criminal offense under Texas Penal Code §42.07 that can carry severe penalties, including jail time, substantial fines, and a permanent criminal record. At Barton & Associates in San Antonio, we understand how frightening and confusing it can be to face these allegations. Whether stemming from a domestic conflict, a workplace disagreement, or an online interaction, a harassment accusation can upend your life, reputation, and future.

The legal definition of harassment in Texas is notably broad, encompassing a range of communications and behaviors intended to “annoy, alarm, abuse, torment, or embarrass” another person. This wide scope means that actions you may not have considered criminal could be prosecuted as such. The consequences of a conviction extend far beyond the courtroom, potentially affecting employment opportunities, professional licenses, housing applications, and personal relationships. With so much at stake, securing experienced legal defense from the moment you are under investigation is not just advisable—it is critical.

What Constitutes Harassment Under Texas Law? Breaking Down Penal Code §42.07

Texas Penal Code §42.07, titled “Harassment,” criminalizes specific repeated communications made with intent to harm, annoy, or alarm. It is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000. However, the charge can be enhanced to a Class A misdemeanor with up to one year in jail if you have a prior conviction under this statute or if the offense was committed against certain protected individuals.

The statute outlines several distinct prohibited actions. You can be charged if you initiate communication and, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, you:

1. Make a Threat: Threaten to commit a crime that would cause bodily injury, property damage, or other harm to the person, their family, or their property.
2. Use Obscene or Indecent Language: Communicate in a manner reasonably likely to offend or alarm.
3. Make a False Report: Call, report, or cause the emergency services (like 911) to be contacted with a false alarm or report.
4. Send Repeated Electronic Communications: This is the most common basis for modern harassment charges and includes repeatedly sending texts, emails, social media messages, or other electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend.
5. Engage in “Cyberstalking”: This involves sending repeated electronic communications in a manner that would cause a reasonable person to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended, even if no explicit threat is made.
6. Communicate Anonymously or at an Inconvenient Hour: Making repeated telephone calls, including hang-up calls, anonymously or in a way intended to abuse or harass.

A key element the prosecution must prove is your specific intent to cause a harmful emotional reaction in the recipient. This is often the central battleground in a harassment defense. For example, repeatedly texting an ex-partner to retrieve personal belongings may be persistent, but it may lack the criminal intent to harass if the goal was logistical, not tormenting.

Common Scenarios Leading to Harassment Charges in San Antonio and Central Texas

Harassment allegations frequently arise from highly charged personal situations. At Barton & Associates, we have defended clients across a spectrum of circumstances, including:

• Domestic and Relationship Conflicts: Post-breakup communications, disputes over child custody or property, and allegations of unwanted contact between former partners.
• Neighbor Disputes: Ongoing feuds over property lines, noise complaints, or other neighborhood issues that escalate into repeated, unwelcome communications.
• Workplace Conflicts: Tensions between employees or with a former employer that spill over into texts, emails, or social media, leading to allegations of a hostile environment.
• Online and Social Media Activity: Aggressive commenting, direct messaging, negative review campaigns, or sharing content with the alleged intent to embarrass someone publicly.
• Debt Collection Practices: Overzealous attempts to collect a debt can sometimes cross the line into criminal harassment if the methods become threatening or excessively repetitive.

Understanding the context is vital. An San Antonio prosecutor may see a series of angry text messages as a clear-cut case, but our defense attorneys look deeper. We investigate the full history of the relationship, the content and timing of the communications, and the alleged victim’s own actions to build a complete picture for the court.

Immediate and Long-Term Consequences of a Harassment Conviction

The impact of a harassment conviction can be profound and long-lasting.

Direct Legal Penalties:

• Jail Time: Up to 180 days in county jail for a Class B misdemeanor; up to one year for a Class A.
• Substantial Fines: Up to $2,000 for a Class B; up to $4,000 for a Class A.
• Court Costs and Fees: Hundreds to thousands of dollars in additional mandatory costs.
• Probation: Often with strict conditions, including no-contact orders, mandatory counseling, and community service.

Collateral Consequences That Can Derail Your Life:

• Permanent Criminal Record: A misdemeanor conviction will appear on background checks conducted by employers, landlords, and licensing boards.
• Loss of Employment: Many employers have policies against criminal conduct, and jobs in education, healthcare, finance, or government may become inaccessible.
• Professional Licensing Issues: Licenses for nursing, law, real estate, security, and other fields can be denied, suspended, or revoked.
• Damage to Reputation and Relationships: The social stigma of a harassment conviction can isolate you from your community and strain personal relationships.
• Immigration Consequences: For non-citizens, a misdemeanor conviction can have serious implications for visa status, green card applications, or naturalization proceedings.
• Protective Orders: A conviction almost certainly leads to a long-term protective order, restricting where you can go and who you can contact.

Proven Defense Strategies for Harassment Charges in Texas

At Barton & Associates, we do not take a one-size-fits-all approach. We meticulously analyze the facts and the law to build the strongest possible defense. Common defense strategies include:

• Challenging the Element of Intent: Arguing that your communications, while perhaps ill-advised, were not made with the specific criminal intent to harass, annoy, or alarm. Perhaps they were attempts to reconcile, discuss a shared obligation, or express legitimate grievances.
• Asserting a Constitutional Defense: Protecting your First Amendment rights to free speech. While true threats are not protected, offensive, annoying, or embarrassing speech often is. We fight to distinguish between criminal harassment and constitutionally protected expression.
• Disputing the “Repeated” Nature of the Communications: The statute requires a pattern of conduct. We may argue that the number or frequency of communications does not meet the legal threshold for “repeated” harassment.
• Questioning the Validity of the Complaint: Investigating whether the allegations are exaggerated, taken out of context, or fabricated due to ulterior motives, such as gaining leverage in a divorce or child custody battle.
• Moving to Suppress Evidence: If the evidence against you was obtained through an unlawful search, seizure, or violation of your rights, we will file a motion to have it excluded from your case.
• Pursuing Pre-Trial Diversion or Deferred Adjudication: In some cases, especially for first-time offenders, we can negotiate alternatives to a trial. These programs may allow for the dismissal of charges upon completion of specific conditions, helping you avoid a conviction entirely.

The Critical Importance of Acting Quickly: Your First Steps

If you are under investigation or have been charged with harassment, time is not on your side. What you do in the initial hours and days can define the entire case.

• DO NOT Contact the Accuser: Any further communication, even to apologize or explain, can be used as new evidence against you and violate a potential protective order.
• Exercise Your Right to Remain Silent: Politely decline to speak with police or investigators without an attorney present. Anything you say can be misconstrued and will be used against you.
• Preserve All Evidence: Do not delete text messages, emails, call logs, or social media posts. Save them and provide them to your attorney. This “digital paper trail” is often crucial for your defense.
• Document Your Side of the Story: Write down a detailed, factual timeline of events and the nature of your relationship with the accuser while your memory is fresh.
• Contact a Defense Attorney Immediately: The sooner our San Antonio harassment defense lawyers are involved, the sooner we can begin protecting your rights, advising you on every step, and working to influence the case before formal charges are even filed.

Why Choose Barton & Associates for Your Harassment Defense in San Antonio

When your freedom and future are on the line, you need advocates who are both relentless and strategic. Our firm offers distinct advantages:

• Deep Knowledge of Texas Courts: Based in San Antonio, we have decades of combined experience navigating the courtrooms and procedures of Travis County, Williamson County, Hays County, and throughout Central Texas. We know the local prosecutors and judges.
• Former Prosecutorial Insight: Several of our attorneys previously served as prosecutors. This gives us an insider’s understanding of how the state builds its cases, where its weaknesses are, and how to negotiate effectively for reduced or dismissed charges.
• Aggressive and Personalized Defense: We treat every case with the urgency it deserves, providing direct access to your attorney and developing a customized defense strategy focused solely on your best outcome—whether that is a complete dismissal, an acquittal at trial, or a favorable plea agreement that protects your record.
• Compassionate Client-Centered Approach: We understand the stress and anxiety of facing criminal charges. We are here not just as your legal representatives, but as your guides, ensuring you are informed, prepared, and supported at every stage.

Contact Our San Antonio Harassment Defense Lawyers Today

A harassment charge is a serious legal matter that demands a serious legal response. Do not risk your future by navigating the complex criminal justice system alone or with inadequate representation. The attorneys at Barton & Associates are ready to stand by your side, defend your rights, and fight for the best possible resolution to your case.

Call us today at 210-500-0000 for a confidential case evaluation. We will listen to your story, explain your options in clear terms, and outline a path forward. Your defense starts here.

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