Can You Be Investigated Without Being Formally Charged?

A How-To Guide to Pre-Charge Assault Investigations in Texas

Most people assume that if they haven’t been arrested, they don’t have to worry about a criminal case. But under Texas law, it’s entirely possible to be under investigation for assault — even when no charges have been filed yet.

Law enforcement agencies often begin building cases well before a formal arrest. You may not receive a phone call, a warrant, or a court summons — but your name could still appear in a police report, a witness statement, or a pending case file. In some cases, the State may spend weeks or months investigating you before deciding whether to file charges.

In this guide, we’ll explain how and why assault investigations happen without formal charges, what signs to look out for, and why early guidance from a criminal defense attorney near you can be the difference between case dismissal and formal prosecution.

Can Police Investigate You Without Charging You?

Yes. Police departments across Texas conduct pre-charge investigations in all types of criminal cases, including assault. You may be investigated:

• After someone reports an incident
• If your name appears in a witness statement or 911 call
• If you are accused of threatening, pushing, or hitting someone — even without injury
• As part of a broader family violence or workplace incident

The decision to file criminal charges rests with the prosecutor, but the evidence collection begins with law enforcement.

You may never be notified that you're a suspect — but the investigation may already be underway.

What Happens During a Pre-Charge Assault Investigation?

Law enforcement officers may:

• Contact the alleged victim or witnesses
• Collect surveillance footage or body cam video
• Request medical records or photographs
• Examine text messages, emails, or social media posts
• Attempt to contact you directly for an interview
• Submit a report to the District Attorney or County Attorney for review

See: What Evidence Is Used in Assault Investigations?

What Are Signs You May Be Under Investigation?

You may not receive a formal notice, but there are common signs that you’re being investigated:

• An officer leaves a business card at your home or work
• Detectives contact friends, neighbors, or coworkers
• Someone tells you the police were asking about you
• A police officer calls and asks you to “come in and give your side of the story”
• You’re contacted by a victim liaison or pretrial services officer

At this point, you need to stop guessing and consult a criminal defense attorney near you — immediately.

Should You Talk to the Police If You Haven’t Been Charged?

Absolutely not — not without your attorney present. You may think you're helping your case by explaining what happened, but anything you say can:

• Be taken out of context
• Be used to build probable cause
• Appear in a police report
• Be used against you in court, even if you are never formally arrested

Police may try to frame the conversation as informal, but there is no such thing as a harmless statement in a criminal investigation.

Your lawyer near you can either decline the interview altogether or arrange it under controlled conditions to protect your rights.

Can You Be Arrested Weeks After the Incident?

Yes. In Texas, prosecutors can file charges weeks or even months after an alleged incident — particularly in misdemeanor and felony assault cases.

In many counties, law enforcement will complete their investigation and submit a probable cause affidavit or offense report to the prosecutor. The prosecutor may then:

• File a complaint and have a warrant issued
• Submit the case to a grand jury if it’s a felony
• Decline to prosecute (a “no file” decision)
• Request additional investigation before making a final decision

See: How Probable Cause Is Determined in Assault Cases

How Long Can the State Investigate Without Filing Charges?

There is no firm deadline — but the statute of limitations sets the maximum time limit for filing charges.

For example:

• Misdemeanor assault (Class A or C): 2 years from the date of the incident
• Felony aggravated assault or family violence with strangulation: 3 years or longer
• Assault involving injury to a child, elderly, or disabled person: Up to 5 years

During this time, law enforcement and prosecutors can continue gathering evidence and preparing a case against you — unless a proactive attorney near you intervenes early and stops it.

Why Early Legal Intervention Makes a Difference

Even before formal charges are filed, an experienced criminal defense attorney near you can:

• Contact the investigating officer to limit your exposure
• Block attempts to conduct an informal interview
• Submit defense evidence before charges are filed
• Persuade the prosecutor not to file the case at all
• Prepare a pre-indictment defense strategy
• Push for a pretrial diversion program or conditional dismissal

Early involvement often leads to better outcomes than waiting for a warrant or court summons.

What If Charges Are Filed After the Investigation?

If the investigation leads to formal charges, your attorney can transition quickly into pretrial defense. But you’ll already have a head start — because you’ve:

• Preserved helpful evidence
• Avoided making incriminating statements
• Been advised on protective order risks
• Documented key facts while they were fresh

See: What Happens at a Bail Hearing for Assault Charges?

How a Criminal Defense Attorney Near You Can Protect You — Before It’s Too Late

At Walker Law Office, we don’t just defend people after charges are filed — we protect them before a case ever reaches court. We’ve helped clients across Harris County, Fort Bend County, and Galveston County shut down investigations before they turn into criminal charges.

If you suspect you’re being investigated for assault, don’t wait for an arrest.

Your attorney near you can:

• Shield you from police interviews
• Communicate with investigators on your behalf
• Begin building your defense strategy immediately
• Stop the case before it starts

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you before the situation escalates.

‍