Denton County Stalking Defense Lawyer | Free Consult

Being arrested for stalking in Denton County creates immediate problems. You face a third-degree felony charge, potential prison time up to 10 years, and a permanent criminal record that follows you everywhere. The charge itself damages your reputation before you ever see a courtroom.

Stalking accusations often arise from messy breakups, custody disputes, or misunderstood communication. What you thought was harmless contact or an attempt to reconcile can be twisted into evidence of harassment. Prosecutors in Denton County take these cases seriously, especially when a protective order is already in place.

The criminal justice system moves quickly after a stalking arrest. Bond decisions happen within hours. Protective orders can be issued immediately. Your freedom to go where you want and communicate with certain people vanishes overnight. One phone call or text message can lead to additional charges while your case is pending.

What Makes Behavior Stalking Under Texas Law

Under Texas Penal Code § 42.072, stalking occurs when you engage in conduct on more than one occasion that is directed at another person and would cause a reasonable person to fear bodily injury or death for themselves or a family member, or feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

The law doesn’t require physical contact. Stalking can include following someone, appearing at their home or workplace, surveilling them, making threats, or sending unwanted communications. The critical element is a pattern of behavior that causes fear or emotional distress.

Texas law creates an enhanced offense if stalking occurs while you’re subject to a protective order. The charge elevates from a third-degree felony to a second-degree felony, increasing the potential prison sentence to 20 years.

The Difference Between Stalking and Related Charges

Stalking overlaps with several other offenses in Texas, but each has distinct elements. Understanding the differences matters because the penalties and defense strategies vary.

Harassment under Texas Penal Code § 42.07 involves conduct intended to harass, annoy, alarm, abuse, torment, or embarrass another person. Harassment is typically a Class B misdemeanor unless committed against a public servant or while violating a protective order. The key difference is that stalking requires repeated conduct and a fear element.

Violation of a protective order falls under Texas Penal Code § 25.07. If you communicate with or go near someone protected by a court order, you commit this offense regardless of whether the contact causes fear. A first violation is a Class A misdemeanor, but subsequent violations become felonies.

Terroristic threat under Texas Penal Code § 22.07 involves threatening to commit violence against a person or place with intent to cause fear or reaction. This charge doesn’t require repeated conduct but focuses on the severity of the threat made.

Penalties and Consequences for Stalking in Denton County

Stalking is a third-degree felony in Texas. The punishment range includes:

• Two to 10 years in state prison
• A fine up to $10,000
• Both prison time and a fine

If the stalking occurs while you’re under a protective order or if you have a previous stalking conviction, the offense elevates to a second-degree felony with a punishment range of two to 20 years in prison and a fine up to $10,000.

Probation is possible for stalking convictions. The court may grant community supervision instead of prison time, especially for first-time offenders. Probation typically lasts between five and 10 years and comes with strict conditions including GPS monitoring, no-contact orders, counseling requirements, and regular check-ins with a probation officer.

Beyond formal punishment, a stalking conviction creates collateral consequences. You become ineligible for certain professional licenses. Many employers refuse to hire people with felony records. Landlords deny rental applications. You lose the right to own firearms. Immigration consequences include deportation for non-citizens.

Bond Amounts for Stalking Charges

Bond decisions in stalking cases vary significantly based on your criminal history, the alleged victim’s relationship to you, whether a protective order exists, and the specific facts of the case. In our review of Tarrant County stalking bonds set in 2025, we found the most common bond was $5,000, though the average bond across all stalking cases was significantly higher at $28,443.

Bonds in stalking cases involving protective orders or previous convictions tend to run higher, sometimes reaching $25,000 or more. If you’re arrested while already on bond for another offense, expect the judge to set a substantial bond or deny bond entirely.

Several factors affect bond amounts in Denton County stalking cases:

• Whether a protective order is in place
• Your criminal history
• The severity of the alleged conduct
• Whether the alleged victim claims to fear for their safety
• Your ties to the community
• Whether you’re employed

Bond conditions in stalking cases often include GPS monitoring, no-contact provisions, stay-away orders from specific locations, and surrendering any firearms. Violating these conditions results in immediate arrest and bond revocation.

How Protective Orders Complicate Stalking Cases

Many stalking charges in Denton County arise from alleged violations of protective orders. The presence of a protective order transforms the legal landscape of your case in several ways.

First, any contact with the protected person becomes illegal, regardless of intent. A simple text message saying hello violates the order. Showing up at a mutual friend’s house where the protected person happens to be violates the order. The protective order doesn’t care about your intentions or whether the contact was accidental.

Second, the protective order serves as evidence in the stalking case. Prosecutors argue that the court already determined you posed a threat, which is why the protective order was issued. They use the order to establish the fear element required for stalking.

Third, protective order violations carry independent criminal charges. You can face both stalking charges and violation of protective order charges arising from the same conduct. This stacking of charges increases potential punishment and gives prosecutors leverage in plea negotiations.

Common Defense Strategies in Stalking Cases

Defending stalking charges requires examining every element the state must prove. The prosecution must establish that you engaged in conduct on more than one occasion, that the conduct was directed at a specific person, and that the conduct would cause a reasonable person to fear harm or feel harassed.

Constitutional defenses apply in many stalking cases. The First Amendment protects certain speech and expression. If your alleged conduct falls within protected activity, the charge may violate your constitutional rights. This defense commonly applies in cases involving social media posts, letters, or other forms of communication that don’t contain true threats.

Lack of intent often serves as a viable defense. Stalking requires that your conduct would cause fear in a reasonable person, but it doesn’t require proof that you specifically intended to cause fear. However, showing that your actions were innocent or had a legitimate purpose undermines the prosecution’s case.

False accusations happen frequently in stalking cases. These charges often emerge during custody battles, divorces, or other disputes where one party seeks advantage. If evidence shows the alleged victim fabricated or exaggerated the stalking claims, the case falls apart.

Mistaken identity can be a defense when surveillance footage is unclear, witnesses didn’t get a good look, or electronic evidence doesn’t conclusively establish who sent messages or made calls.

In one recent Tarrant County case, our attorneys represented a client facing stalking charges. Through plea negotiations, we secured a three-year deferred adjudication outcome. This result avoided a prison sentence and preserved the possibility of clearing the client’s record upon successful completion of probation. Past results do not guarantee future outcomes, but they demonstrate the importance of aggressive defense representation.

The Criminal Court Process for Stalking Charges in Denton County

Stalking cases in Denton County begin with arrest. Police either arrest you at the scene, obtain a warrant, or ask you to turn yourself in. You’re taken to the Denton County Jail for booking, fingerprinting, and photographing.

Within 48 hours of arrest, you appear before a magistrate for an initial appearance. The magistrate advises you of the charges, your rights, and sets bond. This is not the time to explain your side of the story. Anything you say can be used against you.

After posting bond, your case moves to the arraignment stage. You receive formal notice of the charges and enter a plea. Most defendants plead not guilty at arraignment to preserve all defense options.

The discovery phase follows arraignment. Your attorney receives evidence from the prosecution including police reports, witness statements, surveillance footage, phone records, and any other materials the state plans to use. This is when your defense team investigates the case, interviews witnesses, and develops strategy.

Pretrial hearings address motions to suppress evidence, dismiss charges, or modify bond conditions. These hearings can significantly impact your case outcome. Successful suppression motions can eliminate key evidence, sometimes forcing the prosecution to dismiss charges.

Most stalking cases resolve through plea negotiations rather than trial. Your attorney negotiates with prosecutors to reduce charges, minimize punishment, or secure alternative dispositions like deferred adjudication. The decision to accept a plea offer or proceed to trial remains yours, but your attorney provides guidance based on the strength of the evidence and likely trial outcome.

If your case goes to trial, a jury of 12 decides guilt or innocence. The prosecution must prove every element of stalking beyond a reasonable doubt. Your attorney cross-examines witnesses, challenges evidence, and presents your defense. A single juror voting not guilty results in a hung jury and mistrial.

Protect Your Rights and Your Record. Stalking charges carry serious consequences. Don’t face them alone. Call (817) 203-2220 for a free consultation with a Denton County stalking defense attorney.

How Social Media and Technology Affect Stalking Cases

Technology has transformed how stalking occurs and how cases are prosecuted. Text messages, emails, social media posts, GPS data, and surveillance footage now serve as primary evidence in stalking prosecutions.

Prosecutors use phone records to establish patterns of unwanted contact. They present screenshots of messages, posts, and comments to show harassment. They rely on GPS data from phones or vehicles to prove you were near the alleged victim’s home or workplace.

Social media creates particular challenges. What you post publicly can be used against you. Liking someone’s posts, viewing their stories, or commenting on mutual friends’ pages may be characterized as stalking behavior. Even indirect references that don’t name the alleged victim can become evidence if prosecutors argue you were sending coded messages.

Digital evidence requires careful scrutiny. Authentication issues arise when prosecutors can’t definitively prove who sent a message or made a post. IP addresses can be spoofed. Accounts can be hacked. Screenshots can be fabricated. Your defense attorney must challenge the reliability and authenticity of digital evidence.

Law enforcement sometimes obtains search warrants for your phone, computer, or social media accounts. These searches may violate your Fourth Amendment rights if the warrant lacks probable cause or exceeds its scope. Your attorney can file motions to suppress evidence obtained through illegal searches.

What to Do After a Stalking Arrest in Denton County

The moments after a stalking arrest are critical. Your actions during this time significantly impact your case outcome.

Exercise your right to remain silent. Police will tell you that talking helps clear things up. That’s false. Statements you make can only hurt you. Politely decline to answer questions without your attorney present.

Don’t contact the alleged victim. Any contact, even to apologize or explain, violates bond conditions and provides prosecutors with additional evidence. If you’re subject to a protective order, any communication is a separate criminal offense.

Preserve evidence that supports your defense. Save text messages, emails, voicemails, and social media posts that show the alleged victim’s willingness to communicate with you or evidence that contradicts their claims. Don’t delete anything, even if it seems harmful, as deletion can be used against you.

Document your whereabouts and activities. Keep receipts, GPS records, work schedules, and other evidence showing where you were at specific times. This evidence can disprove allegations that you were following or surveilling the alleged victim.

Don’t discuss your case on social media or with anyone except your attorney. Prosecutors monitor defendants’ social media accounts. Posts can be taken out of context and used as evidence. Friends and family members can be subpoenaed to testify about conversations they had with you.

Hire an experienced criminal defense attorney immediately. Stalking cases are complex and require attorneys who understand both the technical legal elements and the emotional dynamics that drive these prosecutions.

Denton County vs. Other Texas Counties

While Texas stalking laws apply statewide, how counties handle these cases varies. Denton County prosecutors take stalking charges seriously, particularly in cases involving domestic violence or protective order violations.

The Denton County courthouse is located at 1450 E McKinney St, Denton, TX 76209. The criminal district courts handle felony cases including stalking prosecutions. Judges in Denton County tend to set higher bonds in cases involving allegations of family violence or protective order violations.

Denton County offers some pretrial diversion programs, though stalking charges typically don’t qualify unless the facts suggest misunderstanding rather than intentional harassment. Your attorney can explore whether your case might qualify for alternative disposition.

What to Expect From Varghese Summersett

When you hire our firm to defend stalking charges in Denton County, you work with attorneys who have handled hundreds of criminal cases across Texas. Our team includes former prosecutors who understand how the state builds these cases and where weaknesses typically exist.

We begin every case with a thorough investigation. We review all evidence, interview witnesses, examine digital records, and identify inconsistencies in the alleged victim’s story. We look for constitutional violations in how evidence was obtained and identify procedural errors that could lead to dismissal.

Our attorneys maintain regular communication with clients throughout the case. You receive updates on case developments, copies of all court filings, and honest assessments of your options. We explain the potential outcomes of various strategies so you can make informed decisions about your defense.

We negotiate from a position of strength. Prosecutors know we’re prepared to take cases to trial if necessary. This reputation often leads to more favorable plea offers than attorneys who rarely try cases.

Our firm has 70-plus team members across four Texas offices in Fort Worth, Dallas, Houston, and Southlake. We’ve secured over 1,600 dismissals and 800 charge reductions. Several of our attorneys hold board certifications and bring trial experience to every case. Past results do not guarantee future outcomes, but they reflect our commitment to aggressive defense representation.

Don’t Wait. Get a Free Consultation. If you’re facing stalking charges in Denton County, time matters. Evidence disappears. Witnesses’ memories fade. Bond conditions can be modified. Call (817) 203-2220 to speak with an experienced stalking defense attorney.

Frequently Asked Questions About Stalking Charges

Can stalking charges be dropped if the alleged victim doesn’t want to prosecute?

Not necessarily. While the alleged victim’s cooperation makes prosecution easier, the state ultimately decides whether to pursue charges. Once a stalking case is filed, prosecutors can proceed even if the alleged victim recants or refuses to testify. However, an uncooperative victim significantly weakens the state’s case.

What happens if I accidentally run into the alleged victim while on bond?

Accidental contact doesn’t automatically violate bond conditions, but you must leave immediately upon seeing the person. Document the encounter if possible. Don’t approach, speak to, or acknowledge the person. Report the incident to your attorney right away. Prosecutors may try to characterize accidental encounters as intentional violations.

Can I be charged with stalking for sending messages through a third party?

Yes. Indirect contact through friends, family members, or any intermediary can constitute stalking. If you ask someone else to deliver messages or check on the alleged victim, that conduct counts as contact directed at them. Prosecutors often charge both the person who initiates the contact and the person who delivers it.

How long do stalking charges stay on my record?

A stalking conviction remains on your criminal record permanently unless you successfully complete deferred adjudication and petition for nondisclosure, or the charge is dismissed and you obtain an expunction. Deferred adjudication prevents a final conviction if you complete probation successfully. Expunctions remove all records of arrest and prosecution as if the case never happened.

What’s the difference between stalking and cyberstalking in Texas?

Texas law doesn’t have a separate cyberstalking statute. Stalking through electronic means falls under the general stalking statute. However, conduct that occurs primarily online may also violate other laws such as harassment, electronic communications harassment, or online impersonation. The specific charge depends on the nature of the conduct and whether it involves threats, repeated unwanted contact, or impersonation.

Stalking charges in Denton County demand immediate attention from an experienced criminal defense attorney. The consequences of conviction extend far beyond jail time. Your reputation, career, and freedom are at stake. Our team stands ready to investigate your case, challenge the evidence against you, and fight for the best possible outcome. Schedule a Free Consultation by calling (817) 203-2220 today.