Dallas Harassment Lawyer | Penal Code 42.07

Harassment is a criminal offense in Texas that carries real jail time, a permanent record, and consequences that follow you for years. If you’ve been charged with harassment in Dallas, you need an experienced criminal defense attorney on your side immediately.

Varghese Summersett is one of Texas’s most decorated criminal defense firms. Our team includes Board Certified criminal defense attorneys, 70+ legal professionals across four offices, and a track record of more than 1,600 dismissals and 800+ charge reductions. We have handled hundreds of harassment and threatening communications cases in Dallas County and know exactly how prosecutors approach these charges.

You've Seen Us On

What is Harassment Under Texas Law?

Harassment is governed by Texas Penal Code § 42.07. The law makes it a crime for a person to intentionally contact another person by telephone, electronic communication, or any other method with the intent to harass, annoy, alarm, abuse, torment, or embarrass. The key word is intent. Accidents and misunderstandings are not crimes. But when a prosecutor believes the intent was there, they will move forward with charges.

These charges often arise from breakups, custody disputes, workplace conflicts, or online arguments that spiral into repeated contact. A single complaint from the alleged victim is sometimes enough for police to make an arrest. That does not mean the evidence holds up in court.

What Are the Elements the State Must Prove?

To convict you of harassment, the State of Texas must prove every element of the offense beyond a reasonable doubt. The burden rests entirely on the prosecution. You have no obligation to prove your innocence. Under Texas Penal Code § 42.07(a), prosecutors must establish:

• You intentionally initiated communication (by phone, electronic message, or other means)
• You made or permitted contact with another person
• The communication included obscene language, a threat of bodily harm, a false report of death or injury, or repeated messages
• The purpose was to harass, annoy, alarm, abuse, torment, or embarrass

Each element must be proven independently. If the defense can create reasonable doubt about any one of them, the case falls apart. A skilled attorney will examine whether the messages truly show harassing intent, whether phone records contradict the accuser’s story, or whether the communications fall under a protected category.

What Are Examples of Harassment in Texas?

Texas law covers a broad range of conduct. Under § 42.07(a), harassment includes making obscene phone calls, texts, or emails; threatening bodily harm in writing or by phone; falsely reporting a death or serious injury to alarm someone; making a phone ring repeatedly; sending repeated messages that are reasonably likely to harass or torment the recipient; calling and hanging up; and publishing repeated electronic communications on social media or the internet in a manner likely to cause emotional distress (unless related to a matter of public concern).

The statute also makes it a crime to knowingly allow your phone to be used by another person to commit any of these acts. That means you can be charged even if someone else sent the messages from your device.

What Does “Obscene” Mean Under Texas Law?

Texas defines obscenity in the harassment context as a “patently offensive description of or a solicitation to commit an ultimate sex act.” Whether a message meets that standard is fact-specific, and defense attorneys frequently challenge whether disputed communications qualify. See Texas Penal Code § 43 for the broader statutory definition.

What Does “Electronic Communication” Include?

Texas defines electronic communication as any sign, signal, writing, image, sound, data, or intelligence transmitted over wire, radio, or any other electronic, magnetic, or optical system. That covers text messages, emails, social media direct messages, voicemails, dating app messages, and any other digital contact.

What is the Punishment for Harassment in Texas?

A first-offense harassment charge under Texas Penal Code § 42.07 is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000. If you have a prior harassment conviction, the charge is enhanced to a Class A misdemeanor, which carries up to one year in jail and a fine of up to $4,000.

Beyond the legal penalties, a harassment conviction creates a permanent criminal record. That record can affect your employment, housing, professional licenses, child custody proceedings, and immigration status. Taking these charges seriously from the start is not optional.

If you are ready to talk with a Dallas harassment attorney, call (214) 903-4000 for a free consultation.

What Are Typical Bond Amounts for Harassment in Dallas County?

Based on an analysis Varghese Summersett completed of over 82,000 bonds in Dallas County, here is what bond typically looks like for harassment charges:

Offense	Cases Analyzed	Average Bond	Most Common Bond
42.07(c) Harassment	104	$4,349	$1,000

Bond amounts can vary significantly depending on the defendant’s criminal history, the relationship to the alleged victim, and whether a protective order is involved. An attorney can often help secure a bond reduction if the initial amount is excessive.

Is the Texas Harassment Statute Constitutional?

This question has been actively litigated. The Texas Court of Criminal Appeals upheld the harassment law in a split 5-4 decision involving two defendants, ruling that the statute does not violate First Amendment free speech protections because it targets the conduct of sending repeated harassing messages, not the content of speech. The majority held that the First Amendment does not protect communications that invade substantial privacy interests in an intolerable manner.

Presiding Judge Sharon Keller dissented, arguing that the law’s focus on electronic communications implicates a wide range of protected speech, particularly given how broadly social media and internet platforms are used. The constitutional question has not been definitively resolved by the United States Supreme Court and remains a live issue that skilled defense attorneys can raise in the right case.

What Are the Best Defenses to Harassment Charges in Dallas?

Every case is different, but experienced defense attorneys focus on several categories of challenges when fighting harassment charges in Dallas.

Lack of intent. The statute requires that contact be made with the specific intent to harass, annoy, alarm, abuse, torment, or embarrass. Many cases involve communications that were persistent but not harassing. A defense attorney can present evidence of context, relationship history, and the defendant’s actual purpose to undercut the intent element.

False or exaggerated allegations. Harassment charges frequently arise in contentious situations like divorces, custody disputes, or workplace conflicts where motivations to fabricate or exaggerate are high. Phone records, timestamps, and the actual content of messages can contradict an accuser’s account.

First Amendment protection. Speech related to matters of public concern is explicitly carved out of the social media provision of the statute. If the messages involved public issues or legitimate commentary, that carve-out may apply.

Constitutional challenge. As discussed above, the constitutionality of the statute as applied to specific conduct remains contested. This defense is fact-intensive but can be effective in the right case.

Insufficient evidence. Prosecutors must prove every element beyond a reasonable doubt. If the State cannot establish each element with reliable evidence, the charge should not result in a conviction.

How Does Harassment Relate to Stalking in Texas?

Harassment and stalking are related offenses, but stalking is significantly more serious. Stalking under Texas Penal Code § 42.072 requires a pattern of conduct that the defendant knows or should know would cause a reasonable person to feel fear of bodily injury or death, or to suffer significant emotional distress. It is a third-degree felony for a first offense. A harassment charge can sometimes be pursued by prosecutors as a lesser included offense in a stalking case, or upgraded to a stalking charge if the conduct escalates.

Similarly, harassment is often charged alongside or compared to terroristic threat charges when the communications involve threats of bodily harm. Understanding how these charges interact is important for building an effective defense strategy.

What Happens When a Protective Order Is Involved?

If the alleged victim has a protective order against you, a harassment charge can trigger additional criminal liability for violation of a protective order, which is a separate criminal offense. Prosecutors treat protective order violations seriously and often pursue enhanced penalties. If there is any protective order in your case, you need a lawyer before you do anything else.

Do not contact the alleged victim, even to explain yourself. Any additional contact can be used as evidence against you and may result in additional charges. Protect your rights and your record by talking to an attorney first.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you are not getting a single overworked public defender or a solo practitioner unfamiliar with Dallas County’s prosecutors and courts. You are getting a team. Our Dallas criminal defense attorneys include Board Certified specialists with courtroom experience at every level, from misdemeanor dockets to felony jury trials.

We start every case with a thorough review of the evidence, including all phone records, electronic communications, and witness statements. We look for constitutional issues, factual inconsistencies, and opportunities to get charges reduced or dismissed before trial. More than 1,600 dismissals and 800+ charge reductions reflect how seriously we take that work. If a case must go to trial, our attorneys are ready to fight for you before a jury.

We will be honest with you about the strength of the case against you and your realistic options. You deserve straight answers, not false promises.

Award-Winning Legal Excellence

Ask Varghese Summersett AI

Versus-AI has been taught everything from our website and is here to help you find the answers you need. Ask Versus-AI anything.

Watch: What’s the Difference Between Harassment and Stalking?

Frequently Asked Questions About Dallas Harassment Charges

Can harassment charges be dropped in Dallas?

Yes. Harassment charges can be dismissed before or after indictment. Common reasons for dismissal include insufficient evidence of intent, contradictions in the alleged victim’s account, constitutional challenges to the statute, and new evidence that undermines the prosecution’s case. An attorney cannot guarantee a dismissal, but an experienced Dallas criminal defense lawyer can identify weaknesses in the State’s case and advocate aggressively for the best possible outcome.

Is harassment a felony in Texas?

Standard harassment under Texas Penal Code § 42.07 is a misdemeanor. A first offense is a Class B misdemeanor. A second or subsequent offense is a Class A misdemeanor. However, harassment of a public servant under § 22.11 can be charged as a felony. If the conduct also meets the elements of stalking, prosecutors may charge a felony instead.

What if the alleged victim was the one harassing me?

Texas law does not prevent both parties in a dispute from being charged with harassment. If you were responding to unwanted contact, your attorney can present that context as part of your defense. Documentation of the other party’s conduct, including screenshots, phone logs, and witness statements, can be valuable. Do not delete any messages, even if they are upsetting.

Can I get a harassment charge expunged in Texas?

If your case was dismissed, you were acquitted, or you received a deferred adjudication that was successfully completed, you may be eligible for an expunction or nondisclosure. Eligibility depends on the specific facts and outcome of your case. An attorney can walk you through the record-clearing options available to you.

Do I need a lawyer for a Class B misdemeanor harassment charge?

Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, child custody, and professional licensing. An attorney can often achieve outcomes unavailable without legal representation, including diversion programs, deferred adjudication, or outright dismissal. The investment in a good lawyer is almost always worth it when your record is on the line.

Harassment charges deserve serious attention from the moment they are filed. The attorneys at Varghese Summersett have fought and won these cases for clients across Dallas County. Call (214) 903-4000 for a free consultation, or reach out online to speak with a Dallas harassment lawyer today.