How Probable Cause Is Determined in Assault Cases

A How-To Guide for Understanding Arrest Standards in Texas Assault Investigations

If you’ve been arrested or charged with assault in Texas, you may be asking:
“Why was I arrested if there’s no solid evidence?”
“How could they charge me based only on what someone said?”

The answer often lies in a legal standard called probable cause — the threshold law enforcement must meet to justify arrest or prosecution. But probable cause does not require proof beyond a reasonable doubt. In fact, it often takes very little to meet this standard — which is why innocent people are frequently arrested.

In this post, we’ll walk you through how probable cause is determined in assault cases in Texas, what evidence police and prosecutors rely on, and how an experienced criminal defense attorney near you can challenge weak or unlawful arrests before the case ever reaches trial.

What Is Probable Cause?

Probable cause means there are sufficient facts and circumstances to lead a reasonable person to believe that a crime has been committed and that the person arrested committed it.

This standard comes from the Fourth Amendment of the U.S. Constitution, and it governs:

• Whether you can be arrested
• Whether a search or seizure is lawful
• Whether charges can move forward without immediate dismissal

In Texas, probable cause must exist before an arrest is made or a warrant is issued.

How Probable Cause Is Applied in Assault Cases

Unlike more complex crimes, assault cases — especially Assault–Family Violence — are often based on one person’s statement alone. Officers are trained to err on the side of making an arrest, even in unclear situations.

Common Sources of Probable Cause in Assault Investigations:

• A 911 call alleging violence or threats
• Statements by the alleged victim
• Visible injuries (bruises, redness, scratches)
• Statements from witnesses or neighbors
• Officer observations or behavior at the scene

See: What Evidence Is Used in Assault Investigations?

Examples of Probable Cause in Real Cases

Scenario 1: Verbal Argument Turns Physical

• Alleged victim tells police: “He hit me in the face.”
• Police observe redness on cheek.
• Result: Probable cause established, Class A Assault arrest.

Scenario 2: No Injury, But Threat Alleged

• Victim says, “She threatened to stab me.”
• No weapon found, no injury observed.
• Result: Probable cause for Class C Assault by Threat, even without physical contact.

Scenario 3: Mutual Combat with Conflicting Stories

• Both parties accuse the other of assault.
• No witnesses, minor scratches on both.
• Result: Officer decides who was “primary aggressor” and makes an arrest.

See: Assault by Threat: Can You Be Charged Without Physical Contact?

Can You Be Arrested Without Physical Evidence?

Yes. In Texas, probable cause can be based entirely on:

• A sworn statement from the alleged victim
• Corroborating witness testimony, even if unreliable
• Officer’s interpretation of behavior or scene dynamics

That’s why it’s critical to involve a lawyer near you immediately after arrest — to begin identifying weaknesses in the arrest report or probable cause affidavit.

How Officers Make Probable Cause Determinations in the Field

Police officers are trained to:

• Separate the parties involved
• Identify who appears injured, scared, or emotional
• Decide which story “makes more sense” in a high-stress situation
• Look for signs of intoxication, broken items, or disarray

But these determinations are often:

• Rushed
• Emotion-driven
• Biased by prior assumptions

And once an arrest is made, prosecutors rarely drop charges without pressure — even when evidence later falls apart.

The Magistrate Hearing: A Quick Review of Probable Cause

After arrest, Texas law requires a magistrate hearing within 48 hours. At this hearing:

• The judge will review the probable cause affidavit
• If found insufficient, you may be released without charges
• If accepted, bond is set, and the case moves forward

A criminal defense attorney near you can argue that probable cause was lacking, potentially leading to an early dismissal or motion to suppress all evidence resulting from an unlawful arrest.

See: What Happens After an Assault Arrest in Texas

What Happens If Probable Cause Is Challenged in Court?

Your attorney may file a motion to suppress, arguing:

• The arrest was made without proper probable cause
• Evidence obtained after the arrest is inadmissible
• The case should be dismissed due to constitutional violations

Judges take these motions seriously, especially if:

• No injuries were documented
• Witness statements were inconsistent
• Officer narratives contradict physical evidence

These motions often lead to dismissals, reduced charges, or more favorable plea deals — especially when your lawyer near you acts early.

Common Problems With Probable Cause in Assault Cases

• Biased or incomplete witness accounts
• Exaggerated victim statements due to emotion or leverage in custody/divorce
• No corroborating evidence (e.g., medical records or video)
• Officer assumptions based on stereotypes or prior contact

In many cases, probable cause exists in theory, but not in fact — and it’s your defense attorney’s job to expose that gap.

See: Role of Police Reports, Medical Records, and Witness Statements

How a Criminal Defense Attorney Near You Can Challenge Probable Cause

At Walker Law Office, we begin every assault case with a deep review of the probable cause standard and how it was applied. Our team looks for:

• Gaps between what’s alleged and what’s documented
• Weak or misleading arrest affidavits
• Inconsistencies in victim or witness statements
• Lack of injury documentation
• Violation of constitutional arrest procedures

By challenging these flaws, we’ve helped clients in Harris County, Fort Bend County, and Galveston County secure dismissals or significantly reduced charges before trial even begins.

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

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