Austin Stalking & Harassment Lawyers
Defense Lawyers Serving Travis County
Stalking and harassment are serious offenses that can have severe legal consequences. These crimes not only impact the lives of the victims but also carry heavy penalties for those accused. Understanding the legal definitions, consequences, and your rights if accused is essential. At Smith & Vinson Law Firm, we are dedicated to providing comprehensive legal support and defense to individuals facing these charges in Austin and throughout Travis County.
What Constitutes Stalking in Texas?
Texas law defines stalking as repeated behavior directed toward a specific person, conducted in a manner intended to be threatening and cause fear. This fear may include thoughts of potential harm to the victim or those close to them, as well as feelings of humiliation, helplessness, and isolation.
Common Stalking Behaviors
Stalking behaviors can vary widely but often include:
- Constant Surveillance: Watching or following the victim without their knowledge.
- Breaking and Entering: Illegally entering the victim's home or property.
- Harassment or Blackmail: Threatening or coercing the victim to achieve certain outcomes.
- Gathering Personal Information: Collecting the victim's personal data by looking through private records.
- Contacting Associates: Reaching out to friends, family, or colleagues of the victim.
- Unwanted Gifts: Sending gifts despite clear indications that they are unwelcome.
- Unsolicited Communication: Repeated phone calls, texts, emails, or social media messages.
Technology & Stalking
Technology has led to new forms of stalking, such as repetitive, unsolicited communication by phone, text, email, or social media. About 25% of victims report being stalked via the internet. This behavior is persistent despite the victim's clear unwillingness and attempts to ignore the perpetrator.
Legal Consequences of Stalking
Third-Degree Felony
In Texas, stalking is classified as a third-degree felony. If convicted, offenders can face significant penalties, including:
- Imprisonment: Up to 10 years in prison.
- Criminal Record: A felony conviction will remain on your record, affecting future employment and other opportunities.
Second-Degree Felony
If stalking behavior is repeated after the initial conviction, the charge escalates to a second-degree felony, with even harsher penalties. The victim may also request a restraining order, and any violation of this order can result in further fines or imprisonment.
Harassment in Texas
Harassment involves engaging in behavior meant to annoy, alarm, abuse, torment, or embarrass another person. Like stalking, harassment can take many forms, including:
- Threatening Communication: Sending threats or obscene content.
- Persistent Unwanted Contact: Continuously contacting the victim despite their requests to stop.
- Public Humiliation: Using public platforms to harass or embarrass the victim.
Legal Penalties
Harassment charges can vary from misdemeanors to felonies based on the severity and nature of the behavior. Penalties may include fines, imprisonment, and mandatory counseling or community service.
Accused of Stalking or Harassment in Texas?
If you’re facing charges in Austin for stalking or harassment, it is crucial to seek legal representation immediately. Our stalking and harassment defense attorneys are prepared to fight for your rights. With extensive experience on both sides of criminal cases, we understand how prosecutors think and can use this knowledge to your advantage.
Contact Smith & Vinson Law Firm Today
Stalking and harassment are serious charges that require a robust legal defense. If you or a loved one are facing these accusations in Austin, having an experienced attorney on your side can make a significant difference.
Reach out to Smith & Vinson Law Firm at (512) 359-3743 to schedule a free consultation.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation