While cases of domestic violence are serious and carry heavy consequences, accusations are often exaggerated or arise from misunderstandings rather than true threats. There are various factors that dictate how a claim of domestic violence will play out and it’s important to have a seasoned attorney by your side.
If you have been accused of domestic violence, you may be wondering what you did wrong or how you could have done things differently. Though it might be tempting to speak to investigators and prosecutors because you have nothing to hide, you should always consult a domestic violence defense attorney first. The prosecution and law enforcement officials will be building a case against you. Anything you say may be taken out of context in legal proceedings and could end up hurting your case.
The attorneys at Rosenthal & Wadas are experienced defense attorneys. We work hard on the domestic violence charges that come through our doors in an effort to resolve family disputes as quickly as possible. These cases are often emotional and can complicate the lives of everyone involved, including children.
Types of Assault/Family Violence
Interfering with Emergency Phone Call or 911 Call
By inhibiting or preventing someone from making such an emergency call, you could be charged or arrested with interfering with an emergency phone call. Interfering with a 911 call charges often times result when an alleged victim of domestic violence or assault, causing bodily injury to a family member, claims that they were prevented from calling the police. If you are facing the criminal charge of interfering with an emergency phone call, you should seek legal representation immediately.
In Texas, interfering with an emergency phone call is a very serious offense and is considered a Class A Misdemeanor, which is punishable by up to a year in jail and/or up to a $4,000 fine. You may also face the loss of your right to own or possess a firearm. Additionally, the charge can be enhanced to a felony if the accused has a previous conviction for interfering with an emergency phone call or 911 call.
Interfering with Emergency Phone Call Law in Texas
Texas Penal Code Section 42.062.
INTERFERENCE WITH EMERGENCY TELEPHONE CALL
(a) An individual commits an offense 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.
(b) An individual commits an 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.
(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.
(d) In this section, “emergency” means a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the telephone call to be in imminent danger of damage or destruction.
Contact our Collin County Assault/Family Violence Attorneys
Whatever your situation, we’re ready to help you proactively address your case. Contact Rosenthal & Wadas for a free consultation and to learn more about the legal process surrounding domestic violence.