What is the difference between harassment and stalking in Texas?

Harassment generally involves prohibited communications or conduct intended to harass, annoy, alarm, abuse, torment, or embarrass another person. Stalking generally requires a repeated pattern of conduct that allegedly causes fear and is typically prosecuted as a felony.

Can text messages lead to a stalking charge?

Yes. Prosecutors frequently rely on text messages, emails, social media communications, and other electronic evidence when pursuing stalking allegations.

Can social media posts be used as evidence?

Yes. Prosecutors frequently use social media posts, direct messages, comments, screenshots, and other online communications as evidence in stalking investigations. However, authenticity, context, and authorship may be challenged.

Is cyberstalking illegal in Texas?

Texas does not have a separate cyberstalking offense, but online conduct may be prosecuted under stalking, harassment, or related criminal statutes.

Can stalking charges arise from a dating relationship?

Yes. Many stalking allegations arise from current or former dating relationships, divorces, breakups, or other personal disputes. A prior relationship does not prevent prosecutors from filing stalking charges.

Can a protective order be issued before a stalking conviction?

Yes. A court may issue a protective order before anyone is convicted of stalking. Protective orders are separate civil proceedings that use a lower burden of proof than a criminal case. As a result, a person can face contact restrictions, firearm limitations, and other conditions even while the stalking charge is still pending.

Will a stalking conviction affect my gun rights?

Potentially. A stalking conviction may result in significant restrictions on your ability to possess, purchase, or carry firearms under both Texas and federal law. The exact consequences depend on factors such as the nature of the offense, whether a protective order is involved, and other circumstances of the case. Because firearm restrictions can have long-term consequences, it is important to discuss these issues with a criminal defense attorney.

Can stalking charges be dismissed?

Potentially. Depending on the facts, stalking charges may be dismissed because of insufficient evidence, lack of a qualifying pattern of conduct, mistaken identity, credibility issues, constitutional violations, or other weaknesses in the prosecution's case.

What should I do if police contact me about a stalking investigation?

Politely decline to answer questions and contact a criminal defense attorney immediately. Statements made during an investigation can later be used as evidence.

Can stalking charges be based on screenshots alone?

Screenshots are commonly used as evidence in stalking investigations, but they do not automatically prove a crime occurred. Defense attorneys may challenge the authenticity, context, completeness, and source of screenshots presented by prosecutors.

San Antonio Stalking Defense Lawyer | Felony Stalking Charges

In Texas, stalking generally involves repeated conduct directed at a specific person that allegedly causes fear of bodily injury, death, certain criminal acts, property damage, or serious emotional distress. Most stalking charges are prosecuted as felonies under Texas Penal Code § 42.072.

A stalking investigation or arrest can be overwhelming, especially when your freedom, reputation, career, and future are suddenly at risk. If you have been accused of stalking, cyberstalking, or repeated threatening communications in San Antonio or Bexar County, you do not have to face the criminal justice system alone.

Stalking allegations often arise from complicated personal relationships, contentious breakups, family disputes, workplace conflicts, or misunderstandings involving text messages and social media communications. What may seem like repeated attempts to communicate or reconcile can quickly be characterized as stalking once law enforcement becomes involved.

A stalking conviction in Texas can result in years in prison, a permanent felony record, firearm restrictions, and significant personal and professional consequences. Fortunately, an accusation is not a conviction.

Get Help From a San Antonio Stalking Defense Lawyer

At Michael & Associates, our San Antonio criminal defense lawyers represent individuals accused of stalking, cyberstalking-related offenses, harassment, domestic violence crimes, protective order violations, and other serious felony offenses throughout Bexar County and South Texas.

Our attorneys understand how prosecutors build stalking cases and how digital evidence, witness statements, and communication records can be challenged. We work quickly to protect our clients' rights, preserve favorable evidence, and develop a strategic defense from the earliest stages of the investigation.

If you are being investigated or have already been charged with stalking in San Antonio, contact Michael & Associates for a confidential case review.

What Qualifies as Stalking in Texas?

Under Texas Penal Code § 42.072, stalking generally involves a repeated course of conduct directed toward a specific person that allegedly causes fear of bodily injury, death, certain criminal acts, property damage, or serious emotional distress.

To obtain a conviction, prosecutors must prove specific legal elements beyond a reasonable doubt. Unwanted contact alone does not automatically constitute stalking.

Harassment vs. Stalking in Texas

Factor	Harassment	Stalking
Primary Statute	Texas Penal Code § 42.07	Texas Penal Code § 42.072
Conduct Required	Prohibited communications or conduct intended to harass, annoy, alarm, abuse, torment, or embarrass	Repeated conduct directed at a specific person
Pattern Required	Not always	Yes
Fear Requirement	Not generally required	The law does not require actual physical injury. Prosecutors may attempt to prove stalking based on conduct they claim would cause a reasonable person to experience fear or substantial emotional distress.
Typical Evidence	Texts, calls, emails, social media communications	Communications plus a broader pattern of conduct
Typical Charge Level	Usually misdemeanor	Generally felony
Potential Penalties	Typically misdemeanor penalties	Generally 2 to 10 years in prison and up to a $10,000 fine

Common Allegations in San Antonio Stalking Cases

Prosecutors frequently build stalking cases around allegations involving:

Repeated communications:

Text messages
Phone calls
Emails
Social media messages
Contact through third parties

Following or surveillance allegations:

Following someone in person
Showing up uninvited at a residence
Appearing at a workplace
Monitoring daily activities

GPS tracking allegations:

Vehicle tracking devices
Location-sharing applications
Electronic monitoring claims

Threatening conduct:

Alleged threats of violence
Property damage allegations
Conduct prosecutors claim was intended to create fear

Cyberstalking and digital evidence:

Although Texas does not have a separate offense called "cyberstalking," prosecutors frequently use Texas stalking laws, harassment statutes, and other criminal offenses to prosecute online conduct.

Many stalking prosecutions rely heavily on:

Text messages
Social media posts
Direct messages
Email communications
GPS and location data
Screenshots

But digital evidence rarely tells the whole story.

A screenshot often captures only part of a conversation. Messages may be taken out of context, deleted, altered, or presented without surrounding communications that provide critical context.

Our defense team carefully examines metadata, timestamps, account access records, device information, and communication history to identify weaknesses in the prosecution's evidence.

Can Stalking Charges Be Filed Without Threats?

Not necessarily. Prosecutors may pursue stalking charges even when there are no explicit threats if they believe a pattern of conduct created fear or serious emotional distress under Texas law. Whether the facts satisfy the legal requirements of Texas Penal Code § 42.072 depends on the circumstances of the case.

Evidence Commonly Used in San Antonio Stalking Cases

Evidence Type	How Prosecutors Use It
Text messages	To show repeated communications or alleged threats
Social media messages	To establish contact patterns or intent
Emails	To demonstrate ongoing communications
Phone records	To show call frequency and timing
GPS data	To support allegations of tracking or following
Surveillance video	To place an accused person at a location
Witness testimony	To establish fear, conduct, or context
Screenshots	To preserve digital communications
Police reports	To document complaints and investigations

Is Stalking a Felony in Texas?

Yes. Stalking is generally prosecuted as a felony offense in Texas.

Stalking

Charge: Third-degree felony
Potential penalty: 2 to 10 years in prison and a fine of up to $10,000

Stalking with a prior conviction

Charge: Second-degree felony
Potential penalty: 2 to 20 years in prison and a fine of up to $10,000

A stalking conviction may also result in:

A permanent felony record
Difficulty obtaining employment
Professional licensing issues
Immigration consequences
Child custody complications
Loss of firearm rights

For many stalking offenses committed on or after September 1, 2025, Texas law limits eligibility for judge-ordered community supervision, making the consequences of a conviction potentially more severe.

Can You Go to Jail for Stalking in Texas?

Yes. Stalking is generally a felony offense in Texas. A stalking conviction can result in 2 to 10 years in prison and a fine of up to $10,000. If a person has a prior stalking conviction, the charge may be enhanced to a second-degree felony punishable by 2 to 20 years in prison. Depending on the facts of the case, some defendants may be eligible for alternatives to incarceration, but stalking allegations should always be treated as serious felony charges.

How do Prosecutors Prove Stalking in Texas?

To prove stalking under Texas Penal Code § 42.072, prosecutors must establish specific legal elements beyond a reasonable doubt. In many cases, the State attempts to show there was a repeated pattern of conduct directed at a specific person and that the conduct allegedly caused fear of bodily injury, death, certain criminal acts, property damage, or serious emotional distress.

Because stalking cases frequently depend on context, digital evidence, and witness credibility, the defense may challenge whether the alleged conduct meets the legal definition of stalking, whether communications have been taken out of context, and whether the State can prove all required elements beyond a reasonable doubt.

Consequences of a Stalking Conviction in Texas

Consequence	Third-Degree Felony Stalking	Second-Degree Felony Stalking (Prior Conviction)
Prison range	2 to 10 years	2 to 20 years
Maximum fine	Up to $10,000	Up to $10,000
Permanent felony record	Yes	Yes
Firearm restrictions	Yes	Yes
Employment consequences	Significant	Significant
Professional licensing issues	Possible	Possible
Immigration consequences	Possible	Possible
Child custody consequences	Possible	Possible

Note: A stalking conviction may result in significant restrictions on firearm possession under both Texas and federal law.

What Happens After a Stalking Arrest in San Antonio?

After an arrest, most defendants appear before a magistrate judge for bond review and release conditions.

Stalking cases frequently involve:

No-contact orders: Courts often impose strict conditions prohibiting contact with the alleged victim.
Digital evidence investigations: Law enforcement may examine social media activity, cell phone records, GPS data, electronic communications, and witness statements.
Protective orders: A stalking allegation may result in separate protective order proceedings in addition to the criminal case.

You need a defense lawyer who will begin investigating immediately, preserve evidence, and identify weaknesses in the State's case.

Protective Order vs. Criminal Stalking Charge

While both are separate, it's important to note that you can face both at the same time.

Issue	Protective Order Case	Criminal Stalking Case
Purpose	Protect alleged victim from future conduct	Punish alleged criminal conduct
Filed by	Alleged victim or prosecutor	State of Texas
Burden of proof	Lower civil standard	Beyond a reasonable doubt
Potential consequences	Restrictions on contact, residence, firearms, and activities	Prison, fines, felony record, and other criminal penalties
Right to jury trial	Limited depending on the proceeding	Constitutional right to jury trial

Potential Defenses to Stalking Charges

Each case is unique, but potential defense strategies include:

No repeated pattern of conduct: A single incident generally does not satisfy the legal definition of stalking.
Lack of criminal intent: Communications may be misinterpreted, particularly in emotionally charged situations.
False allegations: Stalking accusations sometimes arise during divorces, custody disputes, breakups, or other contentious personal matters.
Insufficient digital evidence: The State must prove who actually sent the messages or engaged in the alleged conduct.
Constitutional violations: Evidence obtained through unlawful searches, seizures, or other constitutional violations may be challenged and, in some circumstances, excluded from evidence.

Charges Commonly Associated With Stalking Allegations

Stalking investigations frequently overlap with additional charges. For example, you may also end up facing allegations of:

Harassment
Violation of a protective order
Domestic violence
Assault
Terroristic threats
Online impersonation
Unlawful installation of a tracking device

Real Bexar County Stalking Case Outcomes

Charge: Stalking (Felony)

Location: 227th District Court, Bexar County

Case Details: The client, a teenager, had previously dated the complaining witness. During the case, evidence showed the complaining witness continued visiting the client's residence after the allegations were made. The defense used this evidence to challenge the State's stalking theory and credibility concerns surrounding the allegations.

Outcome: Stalking charge dismissed; no conviction.

Charge: Stalking (Felony)

Location: Bexar County District Court

Case Details: The client was accused of sending threatening communications and engaging in conduct that led to a stalking investigation, related criminal trespass allegations, and protective-order proceedings. Defense counsel worked directly with prosecutors before indictment and presented mitigating information, including evidence of counseling and treatment.

Outcome: Stalking allegation rejected and dismissed at the pre-indictment stage. Related protective-order proceedings were also dismissed. No indictment and no conviction.

Resources

If you’re dealing with a stalking allegation, protective-order proceeding, or related personal crisis, several organizations in San Antonio and Bexar County offer legal information, counseling, victim advocacy, crisis intervention, and support services. The following resources may be helpful depending on your circumstances.

Bexar County Family Justice Center provides resources for individuals dealing with domestic violence, stalking, protective orders, and related safety concerns.
Texas RioGrande Legal Aid provides free civil legal services to qualifying individuals and may be able to assist with protective orders, safety-related legal issues, and other civil matters arising from stalking allegations or related disputes.
Texas Advocacy Project provides statewide legal assistance and educational resources related to stalking, protective orders, domestic violence, and personal safety concerns.
Family Violence Prevention Services offers crisis intervention, counseling, advocacy, shelter services, and legal support for individuals affected by domestic violence and related safety concerns.

When Should I Contact a Stalking Defense Attorney?

Early legal representation may help preserve evidence, prevent damaging statements, and identify potential defenses before charges are filed or the case progresses further.

Signs you need to discuss your situation with an attorney include:

Police have contacted you for questioning
You have received a protective order
You were arrested or released on bond
Investigators requested access to your phone or social media
You believe someone has made false allegations

Why Hire Michael & Associates as Your San Antonio Stalking Defense Lawyer?

When you are facing a felony stalking allegation, early intervention can make a significant difference.

Our firm offers:

Former prosecutors who understand how stalking cases are investigated
More than 1,000 combined jury trials
Senior trial attorneys handling serious felony matters
Direct attorney communication
Representation throughout San Antonio, Bexar County, and the surrounding communities, including New Braunfels, Schertz, Converse, Universal City, Live Oak, Leon Valley, Helotes, and Alamo Heights.

We defend clients accused of stalking, cyberstalking-related offenses, harassment, domestic violence allegations, assault charges, DWI, drug charges, shoplifting, theft, and other serious criminal offenses.

Last updated in June 2026 and reviewed for accuracy by Michael & Associates' criminal defense attorneys.

Stalking