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Have a def. that threatened dad with Knife. Can charge either way, but I'm wondering about the finding of Family Violence. With Terr. Threat, it gets kicked up to an A if against a family member, but the way I read 22.02 (b) (1) is that there has to be serious bodily injury to kick up from a 2nd to a 1st degree? My question is can there be an aff.finding of family violence if the agg. assault was only by threat with no injury? Just doesn't get to 1st degree? Case involves juvi. def. where Dad is victim and is starting to minimalize so I'm just trying to get it straight in my head before I file. | ||
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