Austin Criminal Harassment Attorneys

A criminal harassment accusation is serious. Charges in Austin can lead to misdemeanor convictions, protective orders, and lasting damage to your record, your job, and your custody arrangements. Because the decisions you make right now — who you call, what you say, and how fast you act — will shape what happens next, it is critical to get the right legal team on your side immediately.

At CMK Defense, PLLC, our attorneys understand how overwhelming these moments feel. But here is what matters most: a charge is not a conviction. Real defenses exist, real strategies exist, and real paths forward exist. Do not wait — call us at (512) 375-3303 or contact us online to schedule a consultation with our Austin criminal harassment attorneys.

Why Choose CMK Defense, PLLC?

Our lawyers bring more than 30 years of combined courtroom experience to every case. Above all, we are trial attorneys first. We do not shy away from putting your case before a jury when that is your strongest option. As a result, our record reflects numerous dismissals and not-guilty verdicts across a wide range of criminal charges.

When it feels like the system has already decided your fate, our team stands in your corner and fights to change the outcome. Simply put, every person deserves a strong defense — and we show up ready to deliver one.

What Are Some Examples of Criminal Harassment?

Criminal harassment covers a wide range of conduct beyond unwanted phone calls. In every instance, the common thread is repeated or threatening behavior directed at a specific person:

• Sending repeated unwanted text messages or emails
• Making anonymous threatening phone calls
• Posting threatening content on social media
• Following someone or appearing at their home or workplace uninvited
• Sending obscene photographs or messages

How is Criminal Harassment Proven?

To secure a harassment conviction in Texas, prosecutors must establish several elements beyond a reasonable doubt. Importantly, the burden of proof rests entirely on the state:

• The defendant initiated the contact or conduct
• The behavior was intentional
• The conduct aimed to harass, annoy, alarm, torment, or embarrass
• The complainant did not consent to the communication
• A reasonable person would have felt threatened or alarmed

Potential Penalties for Criminal Harassment in Texas

Penalties for a harassment conviction depend on the circumstances and your prior record. In general, Texas treats most harassment offenses as Class B misdemeanors. However, certain factors can elevate the charge significantly:

• Class B misdemeanor: Up to 180 days in county jail, fines up to $2,000 for a standard first offense, and up to two years of probation.
• Class A misdemeanor: Up to one year in jail and a $4,000 fine when the defendant has a prior harassment conviction or violates a protective order. Similarly, cyberbullying cases under David’s Law may also result in this penalty.
• Third-degree felony: A charge can reach the felony level if the accused has a prior stalking conviction or if the offense targets certain protected individuals, including public servants.
• Protective orders: In addition to criminal penalties, courts may issue protective orders in harassment cases. These orders can restrict your movements, your contact with others, and even where you live.
• Collateral consequences: Beyond the courtroom, a conviction appears on background checks and can affect housing applications, professional licensing, and custody arrangements.

Proven Defense Strategies Against Criminal Harassment Charges

Every harassment case has weaknesses. Our attorneys identify those weaknesses and use them to your advantage. Ultimately, the right strategy depends on the facts, the evidence, and the context behind the alleged conduct:

• First Amendment protection: Offensive or unwelcome speech is not automatically criminal. In some cases, constitutionally protected expression may serve as a valid defense.
• Lack of intent: The prosecution must prove the accused acted with the specific purpose to harass. Accordingly, accidental or misunderstood communications may not meet that threshold.
• Insufficient evidence: Vague testimony or incomplete communication records can significantly weaken the state’s case.
• False accusations: Harassment charges often arise from personal disputes, custody battles, or relationship conflicts where the accusing party has a motive to fabricate or exaggerate claims.
• Consent or prior relationship context: Furthermore, evidence showing both parties engaged in similar communication patterns can undermine the claim that contact was unwanted.

Protecting Your Rights During the Investigation

The investigation phase is where many people unintentionally damage their own defense. For example, anything you say to police, post online, or communicate to mutual acquaintances can be collected and used against you in court.

For this reason, our criminal harassment attorneys advise clients in Travis and Williamson Counties to exercise their right to remain silent. Let legal counsel handle all interactions with investigators. Acting early gives your defense the strongest possible foundation.

FAQ: What to Know After Being Charged With Criminal Harassment

What Are My Options for Getting a Criminal Harassment Charge Dismissed in Texas?

The strongest path to dismissal is pretrial diversion. If accepted into a diversion program, you complete a set of conditions — such as counseling or community service — and the charge is dismissed upon successful completion.

Deferred adjudication, on the other hand, is a separate option and does not result in dismissal. You enter a guilty or no-contest plea, complete court-ordered conditions, and avoid a final conviction on your record. However, the case remains open and may only be sealed, not expunged. Ultimately, the right path depends on your specific charge, your criminal history, and available programs in your jurisdiction.

Can a Criminal Harassment Charge Be Expunged From Your Record in Texas?

Eligibility depends on how your case resolved. Under Texas Code of Criminal Procedure Chapter 55A, you may qualify for expunction if your charge was dismissed, you were acquitted, or you completed a pretrial diversion program.

Deferred adjudication, however, does not qualify for expunction. Instead, those cases may only be sealed through an order of nondisclosure. It is also important to note that certain offenses — including many family violence charges — are not eligible for sealing at all.

Contact Our Austin Criminal Harassment Attorneys Now

Ready to take control of your situation? Our team at CMK Defense, PLLC is ready to hear your side of the story.

Call (512) 375-3303 or contact us online today. Our Austin criminal harassment attorneys will examine every detail of your case, challenge the prosecution’s evidence, and pursue the most favorable outcome available.