When most people hear the word “stalking” they picture someone in all black peaking through windows or peering around corners. However, it’s critical to understand that in Texas, there are a number of actions that can constitute stalking. As such, if you are charged with this offense, knowing what warrants a stalking charge, how to proceed if arrested, and the importance of working with Houston criminal defense attorneys to help you fight the charges is critical. Continue reading to learn more about these important matters.
Under What Circumstances Can Someone Be Charged With Stalking in TX?
Under Texas law, stalking is any pattern of behavior in which someone causes another person to feel threatened, harassed, alarmed, or fearful of their bodily health or life. Common acts that are considered stalking under Texas law include sending threats, using GPS to monitor someone’s location, following someone physically or online, or showing up at someones home or place of work to watch them.
It is important to understand that, in Texas, there must be a pattern of behavior. As such, there must be evidence of at least two separate acts in which the alleged perpetrator engaged in this behavior in order to be charged and convicted.
Are There Any Defenses I Might Be Able to Use?
Being charged with a stalking offense can be incredibly overwhelming to navigate, and you may feel as if there is nothing you can do. However, working with an attorney gives you the opportunity to explore a number of legal avenues to help craft a defense to fight these accusations.
One potential defense you may be able to utilize is proving a lack of intent. In order to be convicted of this offense, the prosecution must be able to show that you intentionally or knowingly engaged in behavior that is considered stalking. As such, working with your attorney can help show that the communication was accidental or unintentional.
Another possible defense is that the ground on which the charges are filed does not meet the standards as imposed by Texas law. In order to be charged with stalking, the law requires that at least two separate acts occur to establish a pattern of conduct. If one act does not constitute stalking the charges may not apply.
How Should I Proceed if Facing a Stalking Charge?
If you are charged with alleged stalking under Texas law, it is imperative to take the necessary steps to protect yourself and avoid incriminating yourself. As such, the most important thing you can do is to immediately inform the arresting officer that you want an attorney and then invoke your Fifth Amendment right to remain silent. While you may want to defend yourself, anything you say can and will be used against you in a court of law. As such, while you may say something that is seemingly innocent, the officers and prosecution may use this as proof of your guilt.
Additionally, you should not, under any circumstances, contact the victim. This is true regardless of whether or not the allegations are false, or the medium in which you choose to contact them. Any communication should be completed through your attorney. It is also imperative to ensure that you adhere to the terms and conditions of a protective order if one has been issued against you.
As you can see, facing a stalking offense is not something that should be taken lightly. This is a serious offense that can not only result in a criminal record but also damage your reputation. As such, it is imperative to work with an experienced criminal defense attorney to help you fight these charges. At the Gonzalez Law Group, our dedicated legal team will do everything possible to help you understand your rights and fight for the best possible outcome. Contact us today to learn more.