Stalking Charges Attorney in Irving, TX

Felony Stalking Defense for Irving & Dallas-Fort Worth Clients

A stalking charge in Texas isn’t a misdemeanor you can wait out. Even a first offense is a felony, and the consequences reach well beyond incarceration. If you’ve been charged or expect to be, getting defense counsel engaged early can shape what happens next, from bail conditions to how evidence gets preserved. I’m Erin Kelley, and I represent people facing stalking charges in Irving and throughout the Dallas-Fort Worth area. I keep my caseload intentionally small so clients work directly with me throughout the case.

My office shares space with two immigration attorneys, which means I can flag how a stalking conviction or plea deal could affect a client’s immigration status before they commit to anything. I also offer bilingual services in Spanish, so Spanish-speaking clients can communicate directly with me without a translator.

If you’re facing stalking charges in Irving or the surrounding area, call me for a free consultation at (469) 564-3420. I respond to client questions within two business hours.

How Texas Law Defines Stalking

Texas Penal Code §42.072 defines stalking as knowingly engaging in conduct on more than one occasion, directed at a specific person, pursuant to the same scheme or course of conduct, that the actor knows or reasonably should know the other person will regard as threatening. The statute covers a broad range of fear: fear of bodily injury or death to the targeted person, a family or household member, or someone in a dating relationship with the target. It also covers fear of damage to property, including pets.

Physical presence isn’t required. Conduct carried out entirely through electronic messages, social media, or third parties acting at the accused’s direction can all support a stalking charge. The prosecution can combine different types of conduct into a single course of conduct, meaning texts, showing up at a location, and indirect contact through mutual acquaintances can be packaged together. The knowing mental state requirement, that the accused was aware their conduct would cause fear, is a critical element the defense can challenge.

Stalking Penalties in Texas

A first-offense stalking conviction is a third-degree felony, carrying 2 to 10 years in state prison and a fine of up to $10,000. A prior stalking conviction, whether from Texas, another state, a federally recognized Indian tribe, a U.S. territory, or under federal law with a substantially similar statute, elevates the charge to a second-degree felony: 2 to 20 years and up to $10,000 in fines.

The consequences don’t stop at incarceration and fines:

• Family violence classification: When the parties share a qualifying family, household, or dating relationship, a stalking conviction can be classified as a family violence offense, which triggers loss of firearm rights under federal law.
• Protective orders: Courts routinely issue protective orders in stalking cases, and violating one is a separate criminal offense with its own penalties.
• Collateral consequences: A felony conviction appears on background checks and can affect employment, housing, and professional licensing long after any prison term ends.

Defense Strategies for Stalking Charges in Irving

Texas law requires the prosecution to prove a pattern of conduct. A single incident, even one that genuinely frightened the alleged victim, isn’t legally sufficient for a stalking conviction. When the state can’t establish that a course of conduct existed, the charge may not hold.

The knowing mental state element is another avenue worth examining. If the conduct was misinterpreted or there’s no reliable evidence the accused intended to cause fear, that element can be challenged. Evidentiary gaps matter too: stalking prosecutions depend on threatening communications, surveillance records, witness accounts, and corroborating proof. Thin evidence creates reasonable doubt.

False accusations are also a legitimate defense basis. Stalking charges sometimes arise from contentious divorces, custody disputes, or the end of a relationship where one party has a motive to exaggerate or fabricate. Depending on how the defense develops, charges may be reduced to misdemeanor harassment through negotiation or dismissed at trial.

Why Irving Clients Choose Kelley Legal

When you hire me, you work with me directly. I don’t hand cases to associates or let matters sit. Clients get my direct line, and I answer questions within two business hours. For a felony charge with moving deadlines and real stakes, that access matters.

My office arrangement with two immigration attorneys gives me working familiarity with how criminal outcomes interact with immigration status. Before any Irving client considers a plea deal, I can review the immigration implications so they aren’t blindsided later. I also offer affordable payment plans and a free initial consultation. Kelley Legal

Speak with a Stalking Charges Lawyer in Irving Today

Stalking is a felony the moment it’s charged. The earlier I get involved, the more options may be available. I offer a free consultation for stalking cases in Irving and across the Dallas-Fort Worth area. If Spanish is your preferred language, we’ll talk in Spanish, no interpreter needed.

Call Kelley Legal at (469) 564-3420 to schedule your free consultation.