An Austin man is in custody after allegedly assaulting a 39-year-old woman just after midnight Tuesday morning.

Todd Ferguson, 42, and the woman had apparently been drinking together and upon returning to her residence became involved in a physical altercation.

The woman said Ferguson started pushing and hitting her in her upper body. When she tried to call 911, he took the phone out of her hand. The phone then fell apart and she tried to put it back together but he took it from her again.

When officers arrived, Ferguson said the woman had struck him in the nose during the altercation.

The woman did not require medical attention but was given a crime victim resource center card for the Austin Medical Center.

The case was sent to the county attorney’s office for review and to determine the appropriate charges. Police Chief Brian Krueger said Ferguson will likely be charged with fifth-degree assault and interfering with a 911 call.