Stalking Defense Lawyer in Austin, TX
Stalking is a felony offense in Texas. It is often linked to domestic abuse or sexual assault. Being convicted of stalking can lead to a lengthy prison sentence, particularly if you face charges without effective legal representation.
If you face criminal charges for stalking under Texas law, you need an experienced Austin felony defense attorney to investigate the evidence and provide you with a strong defense. Many stalking cases involve complicated domestic situations in which the person charged has done nothing to warrant the accuser’s complaint. These types of cases often provide opportunities for a skilled defense attorney to show what is truly going on and have charges reduced or dismissed.
Regardless of the circumstances, a conviction of stalking charges can damage your reputation and have an adverse effect on your future.
At Minton, Bassett, Flores & Carsey, P.C., our legal team recognizes that your future is on the line if you have been charged with stalking or associated harassment or assault offenses. You can count on our Austin stalking defense attorneys to advocate on your behalf and pursue the best possible resolution of the charges. We will dedicate our firm’s legal experience and resources to your case and develop a strategy to defend you.
Minton, Bassett, Flores & Carsey has successfully represented clients across Central Texas since 1963. Call us today at (512) 476-4873 or fill out our online form for a confidential legal consultation about what we can do to help you.
Understanding Stalking Under Texas Law
The Texas Penal Code Section 42.072 defines stalking as knowingly engaging in conduct that qualifies as harassment under Section 42.07 or that the individual knows or reasonably should know the other person will regard as threatening:
- Bodily injury or death to them, a member of their household or someone they are dating, or
- Harm to the property they own.
An action may qualify as stalking if it causes fear of death, injury, or property loss to a member of the targeted person’s household or someone they are dating or if it causes or it is reasonable that it would cause any of these people to feel:
Specific acts of harassment defined as illegal include:
- Initiating communication that includes an obscene comment, request, suggestion, or proposal
- Conveying false reports in a manner reasonably likely to alarm the person receiving the report
- Repeated telephone calls, including calling and hanging up or refusing to hang up
- Sending repeated electronic communications in a manner likely to harass, annoy, alarm, abuse, torment, embarrass or offend
- Publishing on social media repeated posts reasonably likely to cause emotional distress, abuse, or torment to another person.
Why Hire a Lawyer After a Stalking Charge?
Stalking is a form of illegal harassment often connected to domestic relationships or dating relationships. Harassment becomes stalking when the accused person repeatedly acts in a manner they know or should know will make the victim fear physical injury or death, or destruction of their property. Stalking may also be charged if the alleged victim or a member of their family or household feels threatened or harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended by the defendant’s repeated behavior.
Prosecutors have political motivations as well as professional obligations to convict people charged with stalking and to seek the harshest penalties the court will allow. In same-sex relationships or when a woman is accused of stalking and frightening a man, prosecutors are able to gain sympathy for the accuser by playing upon the fear inspired by an alleged stalker’s unrelenting behavior.
Stalking is a third-degree felony punishable upon conviction by 2 to 10 years in prison and a fine of up to $10,000. If the defendant has a prior criminal conviction, stalking is prosecuted as a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
Having an experienced criminal defense attorney on your side is crucial if you are to take advantage of the possibilities available to develop a sound defense and to have stalking charges dismissed or reduced.
Why Choose Minton, Bassett, Flores & Carsey, P.C. For Your Robbery Defense?
The defense lawyers of Minton, Bassett, Flores & Carsey, P.C. understand the importance of providing a solid legal defense to anyone who has been charged with stalking. As your attorneys, we will develop a defense strategy based on the specific circumstances of your case.
The attorneys at Minton, Bassett, Flores & Carsey have successfully represented Texans accused of stalking and related offenses in Austin and the surrounding areas for nearly 60 years. We remain committed to providing stellar customer service and personalized representation. Our experienced legal team has won several prestigious awards and recognition for our work with clients, including:
- AV® rating from Martindale-Hubbell
- Member of The Best Lawyers in America
- Rising Star by Texas Super Lawyers
- 10.0 Superb rating by Avvo
Our attorneys focus on providing every client with the best possible legal representation. No two cases are the same, so we take the time to learn the details of each client’s situation and the charges they face. We will develop a defense strategy aimed at seeking the best possible outcome for you. We will be prepared to defend you in court if necessary, but we work to resolve cases without going to trial when possible. Our initial objective will be to have the charges you face reduced or dropped.
How a Skilled Stalking Defense Lawyer Can Benefit Your Case
Anyone charged with stalking has the right to a robust legal defense. That requires the assistance of a skilled legal advocate who will do everything allowed by law to obtain a favorable outcome for you. To obtain a conviction, the prosecutor must prove guilt beyond a reasonable doubt. This can be difficult in stalking cases, which often rely on “he said, she said” testimony.
If a judge or jury has any doubt about any element of the stalking charges filed against you, they should return a verdict of not guilty. If we can demonstrate to the prosecutor before trial that there is reason to doubt your guilt, we may be able to have the charges against you reduced or dismissed.
The Texas stalking law (Texas Penal Code Section 42.072) requires acts to be taken “on more than one occasion and pursuant to the same scheme or course of conduct” and to be “directed specifically at another person” to constitute an offense. The acts must be “reasonably likely to alarm the person” receiving the alleged threat, or the actor must know or reasonably should know the recipient will regard it as threatening.
We would thoroughly question whether the evidence shows that this had occurred:
- Are the alleged acts of the defendant part of the same scheme or course of conduct?
- Can the accuser document enough repeated acts to truly establish a “scheme” or “course of conduct”?
- Were the defendant’s alleged acts “directed specifically at” the accuser, or was the proximity of the two individuals coincidental?
- Would a reasonable person truly have found the defendant’s acts threatening?
- Is this a case of mistaken identity? This is a defense particularly worth exploring when the accuser and the defendant do not have a long-standing prior relationship, such as a case arising after one or two dates.
- Is the accuser lying? Does she – or he – have a history of bad relationships, accusations, legal charges, and restraining orders?
Your legal team at Minton, Bassett, Flores & Carsey will examine the charges and evidence against you and move to have disputable evidence excluded from future proceedings. The sooner you get us involved in your case, the more time we have to develop your defense and rebut the charges against you.
Get Help from a Highly Experienced Texas Stalking Defense Lawyer
Stalking is a serious crime that is punished with potentially lengthy prison time upon conviction in Texas. You should not face stalking charges without an experienced defense attorney representing you. The stalking defense attorneys of Minton, Bassett, Flores & Carsey, P.C., are dedicated to providing skilled criminal defense representation to clients charged with stalking in Austin, TX, and throughout Travis, Hays, and Williamson counties.
Our offices at 1100 Guadalupe Street, Austin, Texas, are open from 8 a.m. to 5 p.m. each weekday. Contact us today at (512) 476-4873 or fill out our online form for your confidential consultation with an Austin stalking and harassment defense attorney. We strive to respond within the hour or within 24 hours at the latest. Call now.