Legal Question in Criminal Law in Texas

The question is not whether or not he is convicted of the new offense but whether there is sufficient evidence that he committed the new offense. What I mean by this is that the violation of probation was the commission of the offense of assault - a crime against the laws of the State of Texas. Even if the assault case is dismissed, the government could still prove that the offense of assault was committed, just not that the probationer was convicted of it. The burden of proof on a probation violation is significantly less than that required to convict someone of an offense so technically one could be found not guilty of assault (because the burden of proof is beyond a reasonable doubt and the evidence does not meet that burden) but still be revoked because the evidence is sufficient to meet the burden of proof of preponderance of the evidence of guilt.