Frisco, TX Harassment Defense Lawyers

Experienced Attorneys for Charges of Harassment or Stalking in Domestic Violence Cases in Frisco, Texas

When a person is accused of domestic violence, there are multiple types of criminal charges that they could face, including harassment or stalking. These charges may be based on misunderstandings, emotional disputes, or one-sided allegations. However, accusations are taken seriously by law enforcement and prosecutors, and a conviction on these types of charges may lead to penalties like jail time, fines, and a permanent criminal record.

When addressing charges of harassment and defending against a conviction, legal representation from a skilled lawyer can be crucial. At Barbieri Law Firm, we can provide a strategic defense in family violence cases. We understand how these cases can involve complex personal histories, highly emotional accusations, and different forms of evidence. We focus on protecting our clients' rights, and we will work to challenge weak or unfounded allegations and help resolve these cases successfully.

When Harassment May Be a Criminal Offense

Under Section 42.07 of the Texas Penal Code, a person may be charged with harassment if they communicate with someone with the intent of annoying, tormenting, or embarrassing them. Examples of harassment may include:

• Repeated phone calls, texts, emails, or other electronic messages
• Threatening bodily harm
• Making obscene comments
• Publishing information on a website or social media platform that may cause a person to experience emotional distress
• Tracking a person's movements by following them in person, installing tracking apps on their phone, or using other tracking devices

Harassment may be considered family violence if it is allegedly committed against a person's family member or a member of their household. A person may also be accused of harassment against a former spouse, a current or former romantic partner, or the other parent of the person's child. Even when no physical violence has occurred, repeated or unwanted communication that causes emotional distress may result in criminal charges.

Most harassment charges are classified as Class B misdemeanors, and a conviction may be punishable by up to 180 days in jail and/or a fine of up to $2,000. However, when a person has previously been convicted of harassment, a second offense may result in Class A misdemeanor charges, which could lead to up to one year in jail and/or a maximum $4,000 fine.

When Harassment Becomes Stalking

In some cases, allegations that a person engaged in repeated harassment may result in charges of stalking. Under Section 42.072 of the Texas Penal Code, a person may be charged with stalking if they engage in a pattern of conduct directed at another person that may cause the alleged victim to fear that they or their family members will be seriously injured or killed. Stalking charges may apply if harassment or other threatening actions allegedly took place on more than one occasion but were part of a continuing course of conduct.

Examples of conduct that may lead to stalking charges include:

• Repeatedly following the alleged victim or tracking their movements
• Continuous and unwanted communication with the alleged victim, despite being asked to stop
• Repeatedly sending threatening messages

Stalking is typically classified as a third-degree felony, which may be punishable by two to 10 years in prison and up to $10,000 in fines. A second offense may result in second-degree felony charges, and the maximum prison sentence may increase to 20 years.

Unlike harassment, stalking charges are often based on a documented pattern of behavior. However, the perceptions of the alleged victim can play a large role in these cases. What may be viewed as threatening or harassing by one person may not be criminal in nature when evaluated objectively.

Defending Against Harassment and Stalking Charges

The criminal charges that may apply when a person is accused of harassment, stalking, or other offenses related to family violence may be based on emotional allegations. The evidence may be limited, and in some cases, a case may come down to one person's word against the other's. At Barbieri Law Firm, our lawyers will develop a fact-based defense by examining the full context of the relationship between the parties and the communications that have occurred. Issues addressed in these cases may include:

• Lack of Intent: To be convicted of harassment or stalking, prosecutors will need to demonstrate that the accused acted intentionally to harass, annoy, or cause fear. Our attorneys may be able to demonstrate that a person's conduct was part of a legitimate dispute or was misinterpreted, which may be grounds for the dismissal or reduction of charges.
• No Credible Threat: Our lawyers may argue that a reasonable person would not have perceived a person's communication or actions as threatening.
• Mutual Communication: In cases where both parties have engaged in ongoing communication, one party's messages or actions may not be considered harassment. Our attorneys may show that our client's communications were not unwanted or unexpected. Actions or messages from the alleged victim may call their accusations into question.
• Insufficient Evidence: Prosecutors may need to prove that a person engaged in a repeated course of conduct, and they may also need to demonstrate the alleged emotional impact of a person's actions or communications. If there is no documented pattern of communications, we may be able to challenge the sufficiency of the evidence.

We will work to prevent criminal charges from escalating unnecessarily. In many cases, early legal intervention can lead to the dismissal of a case. If necessary, we may advocate for counseling or pretrial diversion programs that will help our client prevent a conviction.

Contact Our Frisco Harassment and Stalking Defense Attorneys

When allegations of family violence lead to charges of stalking or harassment, a person may face multiple types of long-term consequences. The attorneys at Barbieri Law Firm can provide effective legal representation in these cases, helping our clients defend against convictions and protect their reputations. Contact our Frisco, TX stalking and harassment lawyers at 972-424-1902 to set up a free consultation.