Cyberstalking Charges in Texas

Cyberstalking charges can be devastating and often confusing for anyone accused in Texas. A cyberstalking charge can threaten your freedom, reputation, and future. However, Recent studies suggest that ambiguous online behavior is frequently misinterpreted, which could lead to complex charges. These allegations can instantly damage your career, relationships, and personal life.

Texas law treats these accusations with extreme seriousness. With penalties ranging from heavy fines to jail time, having aggressive legal defense from the start is not optional–it’s essential for protecting your future. An experienced criminal defense attorney protects your rights by investigating the allegations and building a strong defense strategy.

First Things First: What to Do When Charged with Cyberstalking?

Your immediate actions will shape your entire case. Here are some recommendations on what to do if you’ve been charged with cyberstalking:

Remain Silent

Resist the temptation to speak to law enforcement or investigators without your attorney present. even if you believe you’re completely innocent, anything you say can be misconstrued and used as evidence against you. Remain calm and respectful, then politely state that you are invoking your right to an attorney and will not answer questions.

Preserve All Digital Evidence

It’s a mistake to delete emails, texts, social media messages, or digital files. Almost all digital files can be recovered by law enforcement and your actions can be seen as tampering with evidence or used against you. Cyberstalking charges and online crimes like online solicitation often hinge on preserved digital evidence, so don’t make any moves without talking to a lawyer. What you might view as harmful, your attorney could use to show context or lack of criminal intent. This evidence is crucial for building your cybercrime legal advice strategy.

Contact a Cybercrime Defense Attorney Immediately

Time is NOT on your side when facing charges of cyberstalking. The sooner you get legal help, the better your odds. Contact a defense attorney who specializes in online crimes. Delaying allows the prosecution to build a stronger case while evidence grows cold. Your attorney needs to start defending cyberstalking charges right away.

What Constitutes Cyberstalking Under Texas Law?

Understanding the charge is the first step in fighting it. Texas Penal Code § 42.07 defines the electronic communications that qualify as harassment, commonly called cyberstalking.

The prosecution must prove you knowingly communicated by electronic means with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person. This often requires showing a repeated pattern of behavior, not a single message.

Common examples include excessive messaging, posting threatening content online, spreading false information, or using technology to monitor someone without consent. The broad nature of the law makes skilled legal defense vital to challenge the prosecution’s interpretation.

What Are the Penalties for a Cyberstalking Conviction?

The consequences are severe and life-altering. In Texas, cyberstalking is generally prosecuted as a Class B misdemeanor but can be enhanced based on specific factors.

• Class B Misdemeanor: Up to 180 days in jail and a fine up to $2,000
• Class A Misdemeanor: Up to 1 year in jail and a fine up to $4,000 (if you have a prior conviction or the victim is under 18)
• State Jail Felony: 180 days to 2 years in state jail and a fine up to $10,000 (if a protective order was violated)

Common Defense Strategies in Cyberstalking Cases

There is no one-size-fits-all defense for cyberstalking. Every case and situation is unique. However, many cases have some common elements that can be considered for an effective defense. An experienced cyberstalking attorney may start by scrutinizing details of the prosecution’s case. Here are some examples:

Challenge the Element of Intent

The state must prove you knowingly intended to harass. Your attorney can argue that your communications were misconstrued, part of a mutual conflict, or lacked any malicious purpose. Demonstrating a lack of criminal intent is a powerful defense.

Assert First Amendment Protections

Not all offensive or annoying speech is criminal. The First Amendment protects free speech. Your attorney can argue that your communications were protected expression and did not constitute true threats or unlawful harassment.

Question the Evidence and Credibility

Your attorney will scrutinize all digital evidence. They will look for issues with how evidence was collected, potential fabrication, or a lack of concrete proof linking you to the alleged harassment. They will also investigate the accuser’s motives for making false or exaggerated claims.

File Pretrial Motions to Suppress Evidence

If law enforcement violated your rights during the investigation–such as through an illegal search–your attorney can file a motion to suppress that evidence. If successful, this can cripple the prosecution’s case and may lead to dismissed charges.

Get Help From a Legal “Insider”

Facing cyberstalking charges means facing a system designed to secure convictions. Knowing how the State builds a case and operates behind the scenes can make a huge difference when defending against cyberstalking charges. As a former prosecutor, Andrea Kolski understands what happens behind the scenes and how to work the system to your advantage.

Knowing how the other side builds its case, what evidence they value, and where their arguments are weak. This insider perspective allows for more effective negotiation and trial strategy. They can anticipate the prosecution’s moves and counter them aggressively from the start.

Frequently Asked Questions

Can Charges Be Dropped If the Alleged Victim Recants?

While a recantation can help, the state of Texas files the charges, not the individual. Prosecutors can proceed with other evidence. However, a skilled attorney can use a recantation as powerful leverage to negotiate for reduced or dismissed online harassment charges.

Will I Get a Protective Order Against Me?

It is very likely. Judges often issue emergency protective orders upon arrest in these cases. Violating any protective order is a separate crime with immediate arrest consequences. Your attorney will advise you on strict compliance while fighting the underlying charge.

What If the Evidence Is Only Online Messages?

Digital messages alone can form the basis of a case, but they also provide defense opportunities. Your attorney will analyze the context, frequency, and content to challenge the prosecution’s narrative. They may argue the messages do not meet the legal threshold for harassment or show they were provoked.

How Long Will My Case Take?

There is no specific timeline for cyberstalking cases. Montgomery County courts are notoriously overburdened with prosecutors and judges juggling heavy workloads and backlogs of cases. Because of this, cyberstalking cases can take from several months to over a year, depending on complexity and whether the case goes to trial. A skilled attorney knows how to use this time wisely and to your advantage by communicating with prosecutors, negotiating better circumstances, or presenting evidence that could lead to an outright dismissal.

Protect Your Future With an Experienced Cybercrime Defense Attorney

If you’re facing cyberstalking allegations, an aggressive defense attorney is your strongest ally. They will challenge the prosecution’s evidence, protect your constitutional rights, and fight relentlessly to preserve your freedom and reputation.

For over 25 years, Montgomery county defense attorney Andrea M. Kolski has secured countless dismissals and favorable outcomes for clients facing serious charges. As a former prosecutor, she knows how to dismantle the state’s case from the inside out. At NonstopJustice, we never stop fighting for you and your future.

Contact us today for a confidential consultation.