WHAT IS INTERFERENCE WITH AN EMERGENCY REQUEST FOR ASSISTANCE?
Also known as Interference with a 911 Call, this statute was passed in response to domestic violence situations where one party is accused of preventing someone from calling 911 by damaging or taking away their phone.
Under Texas Penal Code Sec. 42.062 this offense occurs when a person…
Knowingly prevents or interferes with another person’s ability to place an emergency call or to request emergency assistance from a law enforcement agency or medical facility, or
Recklessly renders unusable an electronic communications device, such as a telephone, that would otherwise be used by another individual to place an emergency call or to request emergency assistance from a law enforcement agency or medical facility.
Punishment is a Class A misdemeanor with up to one year of jail time and a fine of up to $4,000. A previous conviction elevates this offense to a state jail felony.
DEFENSES FOR INTERFERENCE CHARGES
Judges and jurors take a dim view of an accuser preventing someone from calling 911. For that reason, you need an experienced attorney who is qualified to present your defense following extensive pre-trial preparation.
Defenses to this alleged crime include the following:
No emergency existed
The evidence is insufficient
The alleged victim was not in fear of an imminent assault
Property of the alleged victim was not in imminent danger of damage or destruction
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CHARGED WITH INTERFERENCE WITH EMERGENCY REQUEST?
You may not have even realized that interference with an emergency call could lead to a criminal charge, but if you find yourself faced with a charge of this nature, make sure you have the defense you need.
Justin has served the citizens of Dallas/Fort Worth for over 12 years, and has advised numerous defendants. Call (817) 334-0300 for a free consultation of your case.