Harris County Stalking Defense
Stalking is a serious felony offense. Stalking allegations in Houston can arise from different situations, such as from a failed relationship where one partner still wants to maintain contact with the other partner. And, stalking charges are often filed based solely on the accusations of the alleged victim.
If a law enforcement officer in Texas has probable cause that an accused committed the offense, the officer has authority to immediately arrest that person without a warrant. Even if a proper investigation did not take place, an immediate arrest for stalking could still occur based on the accusations.
Stalking charges can result in serious punishment and consequences, including lengthy prison time and a large fine. Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities. However, if you have been charged with a stalking offense, it is important to know that you do not necessarily have to face a criminal conviction.
It is important to hire an experienced Houston criminal defense lawyer because criminal charges for stalking do not have to result in a conviction and the resulting lifelong consequences. In order to convict you, the state prosecutor must prove to a jury that you committed every element of the felony offense beyond a reasonable doubt. With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury. Therefore, it is vital to contact an experienced criminal attorney in Houston who will fight for you.
If you have been charged with the criminal offense of stalking in Harris county or any of the surrounding counties in Texas, contact James G. Sullivan and Associates for a free consultation at 281-546-6428. Attorney James Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.
Stalking in Houston
According to section 42.072 of the Texas Penal Code, a person can be charged with stalking if the person, on more than one occasion and in the same course of conduct that is directed specifically at another person, knowingly engages in conduct that:
- the person knows or reasonably should know will be regarded as threatening bodily injury or death to the alleged victim, a family member or household member of the alleged victim, or another person the alleged victim is dating;
- the person knows or reasonably should know will be regarded as threatening damage to the alleged victim’s property;
- causes the alleged victim, a family member or household member, or person they are dating to be fearful of death, serious bodily injury or property damage;
- would cause a reasonable person to fear bodily injury or death to themselves, a family or household member, or person they are dating; and/or
- would cause a reasonable person to fear their property will be damaged.
Punishment for Stalking in Houston
Chapter 12 of the Texas Penal Code lists the felony punishment for stalking in Houston.
A first stalking offense is charged as a third degree felony. A conviction for such a felony is punishable by a prison sentence ranging from two to 10 years and a fine up to $10,000.
A second stalking offense is charged as a second degree felony. A conviction for such a felony is punishable by a prison sentence ranging from two to 20 years and a fine up to $10,000.
In addition to the punishment described above, a person that has been convicted of a stalking offense may suffer any of the following penalties and consequences:
- A criminal record;
- Unable to apply for certain jobs, professions or occupations;
- Unable to be admitted into certain educational programs;
- Ineligible to own or possess a gun or firearm;
- Ineligible to receive certain kinds of governmental assistance;
- Ineligible to vote or hold public office;
- Loss of certain professional licenses; and/or
- Public humiliation and embarrassment.
Client Review on a Stalking Case
I highly recommend Jim Sullivan, very knowledgeable of the law & he truly cares about his clients!
My brother and I hired Jim Sullivan after reading his bio and his many positive client reviews online. My brother needed to be represented on a serious stalking charge in which he faced up to 10 years in prison. My brother has had a rough go in life, he has struggled with bipolar disorder all his life of 53 years. This illness led to multiple addictions starting with gambling then he turned to substance abuse. He finally thought he found true love and got married in 2004. Shortly thereafter they experienced problems. The marriage did not last long, but my brother continued to pursue her. His ex-wife had my brother arrested multiple times throughout the years. My brother wasn’t going to stop pursuing his ex-wife even after being warned by law enforcement which landed him with a warrant for his arrest.
My brother was in serious trouble until he met with Mr. Sullivan. We met with Mr. Sullivan on a Saturday afternoon and we were immediately impressed by his vast knowledge of the law and his keen understanding of the psychological problems from which my brother suffered. He spent several hours with us, giving my brother excellent counsel by sharing different stories he had experienced in life and in the courtroom. After years of trying to convince my brother to try medication, Mr. Sullivan was able to breakthrough all of my brother’s excuses and convince him to seek psychiatric treatment and counseling. With my brother’s lengthy history and problems, Mr. Sullivan made it clear to him that it would mean the difference between probation or prison. Furthermore, without medical help, his life would continue to be difficult with his cycling between the highs of mania and lows of depression. Mr. Sullivan told him that he was as concerned for the rest of his life as he was about the serious charge that got him arrested. Once my brother accepted his genuine and sincere advice, he began taking medication and attending counseling. This changed his life, you can say Mr. Sullivan saved my brother’s life literally.
In court the prosecutor would not agree to probation and only offered my brother prison time, so Mr. Sullivan advised my brother that he would have to ask for probation from the judge during a punishment hearing. Recently, my brother had that PSI hearing. His ex-wife testified against him and said she had been afraid of him since their divorce and also claimed that he would call her cell phone hundreds of times a day and leave harassing messages. Through his questioning of her, Mr. Sullivan was able to show that just a few years ago she frequently used my brother to drive her around the state for her job and even spent many nights with him in the same hotel room. As to the phone calls, Mr. Sullivan was able to show that she had created a Google voice account just for him to call and had a co-worker give him her new number. Wanting to hear her voice recording, he would call that number repeatedly and leave sweet messages. His ex-wife admitted that those calls were only saved online and were not sent to her cell phone.
My brother also testified and spoke about his lifelong problems with bipolar disorder, his past problems with substance abuse and of never being on medication. For the first time since his childhood, he said he felt normal, no more mood swings. He sincerely apologized for his actions. He said he had moved on and had not tried to contact his ex-wife for almost a year.
Mr. Sullivan was able to persuade the Judge to grant deferred probation and keep my brother out of prison and this allowed him to continue his progress. Mr. Sullivan eloquently persuaded the Judge that with treatment one can change their behavior and live a normal life. I could not have asked for a better attorney than Jim Sullivan. I highly recommend this attorney, he is very wise counsel and deeply cares about his clients.
Sister Lori, Houston, TX
–Avvo review posted by Lori on July 8, 2017
James G. Sullivan and Associates | Harris County Stalking Lawyer
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.
Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James Sullivan & Associates for a free consultation at 281-546-6428 about your stalking charges in Harris County, Montgomery County, Fort Bend County, Brazoria County, Waller County, and throughout southeast Texas.
