There's that, but there's also a case where an attacker creates a majority chain that follows the old rules but not the new ones. Non-upgraded nodes would accept a transaction on what they believe to be the consensus chain only to find that when they try to spend those coins no one accepts them because they were part of an invalid chain.2) The risk of an old full node wallet accepting a transaction whose
coins passed through a script that depends on the softforked rules.