Houston Stalking Attorney – Brett A. Podolsky
When one person wants to maintain contact with another in Houston, but the feeling is not reciprocated, accusations of fixation can easily occur. According to the Texas Penal Code, stalking can happen in person or online, and is considered to take place whenever someone:
- Follows another person intentionally
- Loiters outside an individual’s home in order to “keep tabs” on him
- Continuously makes phone calls, sends email or transmits text messages which are unwanted
- Sends gifts, packages, or letters through the mail over and over
- Attempts to watch someone online by monitoring his Internet activity without permission
In order for any of these behaviors to be considered a stalking indecent, the perpetrator must “willfully and maliciously” perform these actions with the intent to threaten or place an individual in fear. The actor must also be able to reasonably determine that the behavior would cause an average person to become intimidated or afraid.
Consequences of Fixation Accusations
The penalties for creeping generally increase with the number of offenses a person is charged with in Texas. A first-time offender could be charged with a third-degree felony, which can be punished by between two and ten years in prison and a fine of up to $10,000. After a second or subsequent offense, the amount of prison time can go up to as much as 20 years, in addition to a fine of up to $10,000.
Criminal penalties are not the only sanctions that can be handed down to someone accused of creeping. These individuals could sometimes have their movements restricted if a protective order is issued by a judge. They could also find it difficult to own or possess a firearm, and may be ineligible for certain professional licenses as well.
Stalking Lawyer Defenses
In some cases, mistaken identity can be cause for stalking allegations. An individual could also have a valid defense if the “victim” in some way initiated the contact and then later complained. Fixation charges should be taken seriously, even when they are the result of a misunderstanding. Those who are accused of this crime should seek advice from a defense attorney as quickly as possible.
Hire a Stalker Defense Attorney
If law enforcement is accusing you of over-intimacy charges, then you will need legal help and fast. Brett A. Podolsky has many years of experience fighting fixation charges and can help you successfully overcome the complex criminal justice system. Brett is board certified by the Texas Board of Legal Specialization.
If you would like to speak with Brett A. Podolsky, give him a call at 713-227-0087.