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When determining the dominant aggressor, investigators look at the overall pattern of behavior, not just who got hurt. Threats that create fear of physical injury are a factor because they reveal intent to threaten or control, showing which person drove the escalation and posed the greater risk. Even in the absence of serious injuries, fear generated by threats reflects the dynamics of the confrontation and helps identify who was the primary aggressor.

The idea that threats are never a factor, or that they only matter if a weapon is present, or only at night, isn’t consistent with how the assessment is done. Threats contribute to the perceived danger and the balance of force in the incident, regardless of those conditions.