Assault vs Menacing in New York
Side-by-side comparison based on 245,235 DCJS pretrial release records · 2019–2024
Statistics from DCJS pretrial release data for informational purposes only. Not legal advice. These are different charges with different legal elements — consult a licensed New York attorney for guidance on your specific situation.
According to 245,235 DCJS pretrial release records from 2019–2024, Assault cases across 59 New York counties have an average dismissal rate of 74.2% and conviction rate of 25.4%, while Menacing cases across 41 counties have an average dismissal rate of 73.3% and conviction rate of 26.4%.
Top Counties Comparison
How the highest-volume counties handle each charge.
Assault — Top Counties
Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com
What the Data Shows
Assault and Menacing are distinct charges with different legal elements, but defendants sometimes face questions about how they compare. Based on 245,235 DCJS pretrial release records from 2019–2024:
- Volume: Assault is more commonly charged (214,542 cases) than Menacing (30,693 cases)
- Dismissals: Assault has a higher average dismissal rate (74.2%) compared to Menacing (73.3%)
- Variation: Both charges show significant variation in outcomes across New York counties — the county where a case is heard matters
These statistics reflect aggregate patterns across New York counties and do not predict individual case outcomes. The legal elements, potential consequences, and defense considerations differ between these charges. Consult a licensed New York attorney for guidance on your specific situation.
Common Questions
Want Legal Guidance?
The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.