Inherited an agg assault on a peace office specially set for trial Feb.14th. Indictment alleges �serious bodily injury� but there was none, just some bruises from being dragged behind a car. Notice of Intent to Seek a Deadly Weapon Finding filed in December with car as the deadly weapon. Does that notice serve to charge the alternative means of agg assault, ie, a deadly weapon? If so: 1) how do you handle that in the jury charge? and 2) Can I abandon �serious� this close to trial without agreement of defense counsel?

Any help would be appreciated.

Amend by agreement or reindict before trial.