Facing Charges for Interference with an Emergency Phone Call in San Antonio? Your Defense is Critical

The Severe Implications of Blocking a 911 Call in a Domestic Situation

In Texas, a charge of Interference with an Emergency Phone Call is a serious criminal offense that prosecutors and courts treat with particular severity in the context of domestic violence. Under Texas Penal Code § 42.062, this crime involves knowingly preventing or interfering with another person’s ability to request emergency assistance (e.g., calling 911) or to provide information during an emergency call. At Barton & Associates, Attorneys at Law, we understand that these charges often arise from highly charged, emotional domestic disputes where actions are taken in the heat of the moment. What may have been an attempt to de-escalate an argument or prevent a misunderstanding can be portrayed by the state as a deliberate act of control and intimidation designed to isolate a victim. An arrest for this offense triggers an immediate and harsh response from the legal system, compounding existing domestic violence allegations and creating a new, standalone felony that can devastate your future. Your defense must begin immediately to counter the narrative of intentional obstruction and protect your rights.

This charge is dangerous because it significantly escalates the stakes of a domestic incident. It transforms a potentially misdemeanor-level argument into a state jail felony, demonstrating to the court a specific intent to prevent the victim from accessing the protection of law enforcement. Prosecutors use this charge to argue a pattern of coercive control, which can influence bond hearings, protective orders, and sentencing in related assault cases. A conviction carries the weight of a permanent felony record, with all its attendant consequences: loss of firearm rights, professional licenses, employment opportunities, and severe damage to child custody proceedings. In this high-pressure environment, where your actions are being interpreted in the worst possible light, securing an aggressive defense from attorneys who understand the nuances of domestic violence prosecutions is not just important—it is essential for your survival in the legal system.

Understanding the Law: Texas Penal Code § 42.062

The statute defines the offense of Interference with an Emergency Request for Assistance as occurring when a person, with the intent to interfere with an emergency request for assistance, knowingly:

• Prevents or interferes with another person’s ability to place an emergency call (e.g., taking or destroying a phone).
• Renders a telephone or other communication device unusable to make an emergency call.
• Prevents or interferes with another person’s ability to provide information (e.g., location, nature of emergency) during an emergency call.
• Terminates an emergency call before the person making the call can provide necessary information or before the call is terminated by the recipient of the call (e.g., 911 dispatcher).

Key Elements of the Crime:

• Intent to Interfere: The prosecution must prove you intended to interfere with the emergency request. Accidental disconnection or taking a phone during an argument without the specific aim of blocking 911 may be a critical distinction.
• Knowledge: You must have knowingly engaged in the act.
• “Emergency Request for Assistance”: This is defined as a 911 call or a call to law enforcement, fire department, emergency medical services, or other governmental entity for the purpose of requesting assistance in an emergency.

This charge is frequently filed alongside domestic assault allegations. The state argues that interfering with the call is part of a continuous course of conduct to dominate, control, and isolate the victim.

Penalties for Interference with an Emergency Phone Call in Texas

This offense is classified as a state jail felony. The potential penalties are severe:

• Incarceration: 180 days to 2 years in a state jail facility.
• Fines: A fine not to exceed $10,000.

However, the penalties can be enhanced under Texas law. If you have a prior felony conviction, the punishment range can be elevated to that of a third-degree felony (2 to 10 years in prison). Furthermore, if the interference occurs while you are also committing an act of family violence, the charge will be used to seek a harsher sentence for the underlying assault and to oppose probation.

Collateral Consequences Beyond Jail Time

A state jail felony conviction creates a permanent criminal record with lifelong repercussions:

• Loss of Firearm Rights: A felony conviction results in the permanent loss of your right to possess any firearm or ammunition under federal law (18 U.S.C. § 922(g)(1)).
• Professional Licenses: Careers in law, medicine, nursing, real estate, teaching, and countless licensed trades will be closed to you. Existing licenses will be revoked.
• Child Custody and Visitation: In any family court proceeding, a conviction for this offense will be presented as clear evidence of your willingness to endanger a parent and prevent them from seeking safety. This will almost certainly result in loss of custody, supervised visitation, or other severe restrictions on your parental rights.
• Employment and Housing: A felony record creates nearly insurmountable barriers to finding meaningful employment or renting a home.
• Immigration Consequences: For non-citizens, this is a deportable offense.

Our Strategic Defense Approach to Interference Charges

At Barton & Associates, we deploy a defense strategy specifically designed to counter the state’s narrative of intentional, malicious obstruction. Led by former felony prosecutors, we attack the charge at its core elements.

1. Challenging the Critical Element of Intent

The entire case hinges on proving you intended to interfere with an emergency call. This is our primary battleground. We defend by presenting evidence that:

• The Act Was Accidental: The phone was damaged or the call disconnected during a struggle, but there was no specific intent to prevent a 911 call.
• Lack of Knowledge of an Emergency: You took the phone or argued during a call without knowing the other person was attempting to, or was already, speaking with 911. If they did not verbalize they were on with emergency services, proving intent becomes far more difficult for the state.
• Alternative Motive: Your actions had a different purpose (e.g., preventing a call to a third party to spread false information, ending a heated argument, protecting personal privacy) and were not aimed at obstructing emergency assistance.

2. Investigating the Credibility and Context of the Allegation

We conduct a thorough investigation into the circumstances of the entire incident.

• Analyzing 911 Recordings: We obtain and scrutinize the 911 call recording. What was said? Did the caller actually request emergency assistance before the interference? Does the audio support or contradict the alleged victim’s story about your intent?
• Examining for False or Exaggerated Claims: In contentious domestic situations, allegations can be fabricated or embellished. We investigate motives for false reporting, such as gaining leverage in a divorce or child custody battle.
• Context of the Dispute: We present the full context of the argument to show that your actions, while perhaps regrettable, were not part of a calculated plan to prevent contact with authorities.

3. Asserting Defenses Based on Lack of Knowledge or Mistake

We build a legal defense that may include:

• Mistake of Fact: Arguing you reasonably believed the call was not an emergency call (e.g., you thought the person was calling a friend or family member to escalate the argument).
• Defense of Property: In very narrow circumstances, if you were lawfully taking back your own phone that was being used without permission, this may provide a defense, though it is risky and highly fact-specific.

4. Scrutinizing the Evidence and Police Procedure

We leave no stone unturned in reviewing the state’s case. This includes:

• Filing Motions to Suppress any statements you made to police if your Miranda rights were violated.
• Challenging the Chain of Custody for any physical evidence, like a damaged phone.
• Moving to Sever Charges if this offense is bundled with an assault charge, arguing that trying them together would be unfairly prejudicial.

5. Negotiating for a Favorable Resolution

Our thorough investigation and trial readiness create significant leverage. We negotiate with prosecutors to seek:

• Reduction to a Misdemeanor such as Disorderly Conduct or a Class A misdemeanor assault, which avoids a felony conviction.
• Deferred Adjudication for a state jail felony, which could lead to dismissal after a successful probation term.
• Pretrial Diversion programs for first-time offenders, resulting in a dismissal upon completion of counseling or classes.

The Barton & Associates Advantage: Former Prosecutors on Your Side

Defending against this charge requires an attorney who understands how the state builds its case for “control” in domestic violence prosecutions.

• Insider’s Knowledge of Prosecution Strategy: As former prosecutors, we know how the state uses this charge to paint a picture of a defendant. We know what evidence they look for and what arguments persuade juries. We use this insight to dismantle their narrative.
• Experience with Digital and Recorded Evidence: We are skilled at analyzing 911 call logs, audio recordings, and phone records to find exculpatory details that support your version of events.
• Trial-Tested in Sensitive Domestic Cases: We are not intimidated by the emotional nature of these cases. We are prepared to defend you before a jury, presenting a clear, factual alternative to the prosecution’s story.

Take Immediate Action to Protect Your Rights

If you are arrested for interference with an emergency call, you must act carefully and swiftly.

1. Invoke your right to remain silent. Do not try to explain your side to police. Say: “I will not answer questions without my attorney. I wish to speak with Barton & Associates.”
2. Do not contact the alleged victim for any reason. Any contact will be used as evidence of continued intimidation.
3. Preserve any evidence you have, such as text messages about the incident or photos of the scene.
4. Contact an experienced criminal defense attorney immediately. Early intervention is key to securing evidence and shaping your defense.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin building the powerful defense you need against this serious felony charge.

Main Category: Criminal Defense
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000