Interference with an Emergency Request

Knowingly interfering with an emergency request for assistance, otherwise known interfering with a 911 call, is a crime, but this type of charge is often the result of a misunderstanding. We can evaluate the facts surrounding your arrest and determine the best possible defense strategy.

What is Interfering With an Emergency Phone Call?

The elements of of this charge is found in section 42.062 (a) and (b) of the Texas Penal Code:

(a) An individual commits an offense if the individual knowingly prevents or interferes with another individual’s ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, 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.

or;

(b) An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency 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.

To be convicted under subsection (a) of this offense, the State must prove beyond a reasonable doubt that you acted knowingly with respect to your conduct. A person acts knowingly with respect to the circumstances surrounding his conduct if he is aware he is preventing or interfering with another’s ability to make an emergency request for assistance. For example, hiding a phone so a person cannot call the police during a dispute, or making verbal threats of violence designed to prevent someone from calling law enforcement will meet the Penal Code’s definition of “knowingly”. A simple mistake, such as accidently bumping into someone while they’re making an emergency call because you were not paying attention will not meet this definition.

To be convicted under subsection (b) of this offense, the state must prove that you recklessly rendered unusable a device used for requesting emergency services. A person acts recklessly if they were aware but consciously disregarded a substantial and unjustifiable risk that his conduct would render unusable a device that would otherwise be used by another individual to make an emergency request for assistance. For example, taking the phone from the other’s hand and throwing it to the ground causing it to break, would meet this definition even if you did not intend to actually break the phone.

In both the subsections (a) and (b) emergency requests must be made to the property authorities. This includes calls to police, medical facilities, or some other entity to secure help during an active emergency.

Potential Consequences

If convicted of this offense, you could face the penalties associated with a Class A misdemeanor. This includes a maximum of 12 months in jail, $4,000 in fines, and the possibility of probation.

If the accused has been convicted for interfering with an emergency request before, the offense can be upgraded to a state jail felony, which carries a potential term of incarceration between 180 days and two years. There is also a higher fine of $10,000 to consider.

Talk to an Attorney About Your Case Today

The police often make arrests in these cases without getting both sides of a story. An honest mistake during an argument could lead to an unwarranted arrest. As distressing as this situation can be, you have the right to seek legal help immediately. An attorney could advise you of your options, help you understand the potential jeopardy you face, and make a plan moving forward.

At Barton & Associates, Attorneys At Law, PLLC, our lawyers will aggressively pursue the outcome you deserve. In many cases, we can have these charges dismissed or reduced. To learn what is possible in your situation, contact us today.