Interfering with an Emergency Call & Assault-Family Member
These cases were exceptionally tough because of my client’s extensive criminal history. He had several felony convictions that included alcohol and violence. Usually, when prosecutors see that your client has an extensive record, the case is more difficult to get dismissed or resolved favorably.
Initially, my client was accused of interfering with an emergency call. In Texas, interfering with an emergency call can result in charge of a Class A misdemeanor. This can result in up to one year in jail and fines up to $4,000.
His wife accused him of being intoxicated and aggressive toward her. She was in fear for her safety and called 911. She alleged that she was trying to call 911 when he stopped the call. Police eventually showed up and arrested my client for interfering with an emergency call. What complicated matters even more, was that they had children together.
Four days later, after my client bonded out, he was in another argument with his wife. This time, she called the police and alleged Assault- Family Member. My client was suspected of having an extra-marital affair, which also complicated matters. Texas Family Code § 71.001-. 0021 defines Assault-Family Member as any act of violence committed against an individual with whom a person has or has had a dating relationship. This also includes an assault against any person of the same household, of blood relation, or within a romantic relationship.
Assault- Family Member, is a class A misdemeanor.
This can result in up to one year in jail and fines up to $4,000. Assault-Family Members can also complicate plea deals. For example, several cases dismissed because of deferred adjudication can be eligible for non-disclosure. Non-disclosure is “sealing” your record so that certain searches are unable to view the case. Assault-Family Member cases dismissed through deferred adjudication cannot be non-disclosed.
After my client was arrested for the second time, he was forced to wear an ankle monitor and not allowed to go home. Luckily, the judge allowed him to see his children under strict supervision. Since there was a no-contact order in place, this made arranging to see his children difficult. A no-contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone or the internet.
The complainant would constantly call the prosecutors requesting my client be prosecuted to the max. She even showed up to court one day unannounced, requesting to talk to the prosecutors.
It looked bad that my client was charged with two cases against the same complainant in such a short time. After fighting these cases for several months, both cases were dismissed. I was able to argue the injuries to her were a result of my client using perfectly legal self-defense. Also, the state was unable to produce the recorded 911 call. The state argued there was no recording because my client stopped the call, but that contradicted some of the complainant’s statements. Luckily, after a tough fight, both cases were dismissed.