Interference With 911 Call - Defend Your Case!
Texas Penal Code §42.062 states an individual commits the offense of interference with an emergency telephone call if the individual knowingly prevents or interferes with another individual’s ability to place an emergency telephone call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
An individual commits this offense if the individual recklessly renders unusable a telephone that would otherwise be used by another individual to place an emergency telephone call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
The most common situation where someone is arrested for Interference with Emergency Call is in a domestic violence or assault situation. The Fulgham Law Firm has handled many domestic situations where a husband and wife or boyfriend and girlfriend get upset with each other and start arguing. The arguing turns into a confrontation where one party threatens to call the police on the other party if they do not calm down or do what they are told. This may cause the argument to escalate, and the alleged victim may become upset and decide to call 911 in order to calm down the situation. If the phone is interfered with in the process of making the phone call by the accused, the police will have probable cause to make an arrest for the crime.
Possible Punishment For Interference With Emergency Call
Interference with an emergency telephone call is a Class A misdemeanor under Texas criminal law. Class A misdemeanors are punishable by up to one year in the county jail and up to a $4,000 fine.
If the accused has been previously convicted of interference with an Emergency Call, the district attorney’s office will charge them with a State Jail felony offense. Under Texas law, a state jail felony is punishable by a minimum of 180 days in jail and up to 2 years in a state jail facility and up to a $10,000 fine.
Legal Defenses To Interference With Emergency Call
If you have been arrested for the crime of interference with an emergency call, you must not only hire an experienced and aggressive criminal defense attorney to defend you, but you should also become familiar with Texas law and the available legal defenses you can use to win your case.
Failure By The State of Texas To Prove Criminal Intent
In order to be convicted for the crime of interference with emergency call, the prosecutor must prove beyond a reasonable doubt that you acted recklessly in damaging or destroying the phone of the alleged victim. What if your actions were negligent, not reckless?
Under Texas criminal law, the prosecutor will be required to prove that you acted with a conscious disregard of the known risk. However, what if your actions were mistaken or accidental? What if the alleged victim approached you and, in your efforts, to de-escalate the situation, you inadvertently knocked the phone out of their hand? In the heat of the moment, it is not uncommon for witnesses to perceive events differently because of their emotions. If a witness or alleged victim recalls that the incident may have been accidental, your criminal defense attorney can use this critical fact to establish there is exculpatory evidence that exists that would result in a possible dismissal of your criminal charges.
Damage To The Phone Was Not Caused By The Accused
What if the police claim you were the cause of the damage to the phone, but you have evidence otherwise? What if the domestic violence encounter resulted in the alleged victim dropping the phone or accidentally damaging the phone? What if another witness present bumped into the alleged victim, causing the damage to the phone?
The law is clear that the prosecutor will be required to prove beyond a reasonable doubt that the accused was the cause of the damage to the phone. If you have any evidence to support that you were not the cause of the damage, this is critical information that can be used to possibly get your criminal case dismissed.
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00:00 How To Beat An Interference With An Emergency Call In Texas
00:40 What Is Required For The State To Prove The Crime Of Interference With an Emergency Call?
02:56 What Is An "Emergency"?
04:15 What Are The Punishments For An Interference with an emergency Call Case?
04:51 Defenses For An Interference with an emergency Call Case
14 авг 2024
