Stalking Defense Lawyer in Georgetown, TX

Defense for Felony Stalking Charges in Williamson County

Texas treats stalking as a felony; there is no misdemeanor version of this charge. Under Texas Penal Code §42.072, a first offense is a third-degree felony, and a prior conviction elevates it to a second-degree felony. If you’re facing a stalking accusation in Georgetown or anywhere in Williamson County, the stakes are serious, and the time to act is now.

James Winters and Veronica Chidester are former Texas prosecutors who now defend clients against felony charges, including stalking allegations that arise from family, household, or dating relationships. Our background on the prosecution side means we understand how these cases are built before we start taking them apart.

How Texas Defines Stalking Under Penal Code §42.072

The statute requires proof of three distinct elements. 

• First, the accused must have engaged in qualifying conduct, meaning either conduct that meets the harassment statute under §42.07 or conduct threatening bodily injury, death, or property damage. 
• Second, the alleged victim must have actually experienced a qualifying emotional response, such as feeling harassed, alarmed, terrorized, or intimidated. 
• Third, a reasonable person in the same situation would have felt the same way.

Important note: A single incident isn’t enough. The law requires conduct occurring on more than one occasion as part of the same scheme or course of conduct directed at a specific person. The accused must also have known, or reasonably should have known, that the other person would regard the conduct as threatening.

The law’s protections extend beyond the alleged victim personally. Threats or qualifying conduct directed at the victim’s family members, household members, or dating partners can also support the charge. A 2023 amendment expanded the list of qualifying emotional responses to include feeling terrified or intimidated, broadening the scope of conduct that prosecutors can pursue.

Stalking charges carry a three-year statute of limitations from the date of the alleged offense.

Penalties for a Stalking Conviction in Texas

The penalty range depends on prior history, and a 2025 sentencing change makes pretrial strategy more consequential than ever.

Prison Terms & Fines

A first-time conviction under §42.072 is a third-degree felony, carrying 2 to 10 years in state prison and a fine of up to $10,000.

If the accused has a prior stalking conviction under Texas law or a substantially similar offense under another jurisdiction’s law, the charge becomes a second-degree felony, punishable by 2 to 20 years in prison and the same $10,000 fine cap.

The 2025 Probation Change

For conduct occurring on or after September 1, 2025, Texas judges lose the authority to grant community supervision (probation) on a stalking conviction. A jury may still recommend probation, but judge-ordered probation is no longer an option. That shift makes defense strategy and pretrial resolution work even more consequential.

Collateral Consequences

A stalking conviction can result in loss of firearm rights and can form the basis for a protective order. Stalking charges also frequently arrive alongside a separate protective order violation charge under Texas Penal Code §25.07, since conduct that violates an existing protective order can support both charges simultaneously.