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%.

Assault

214,542
Total Cases
59
Counties
Dismissal Rate 74.2%
Conviction Rate 25.4%
vs

Menacing

30,693
Total Cases
41
Counties
Dismissal Rate 73.3%
Conviction Rate 26.4%

How the highest-volume counties handle each charge.

Assault — Top Counties

County Cases Dismissal Conviction
Kings 50,089 88.4% 11.5%
Queens 43,576 79.0% 20.8%
New York 39,678 78.4% 21.4%
Bronx 32,606 82.7% 17.1%
Richmond 7,206 70.7% 29.2%

Menacing — Top Counties

County Cases Dismissal Conviction
Kings 6,069 93.1% 6.9%
Queens 4,761 83.1% 16.9%
Bronx 4,093 84.6% 15.2%
New York 3,745 78.8% 21.0%
Suffolk 1,461 54.1% 45.6%

Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com

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.

Assault and Menacing are separate charges with different legal definitions and elements. Our data shows they have different outcome patterns: Assault has a 74.2% average dismissal rate while Menacing has a 73.3% average dismissal rate. For information about the legal distinctions, consult a licensed New York attorney or the New York Penal Law.
Assault has a higher average dismissal rate (74.2%) compared to Menacing (73.3%), based on 2019–2024 New York DCJS data. However, dismissal rates vary significantly by county. Visit the individual charge pages for county-specific data.
From 2019–2024, 214,542 Assault cases were recorded across 59 counties, and 30,693 Menacing cases were recorded across 41 counties. View the full data on our Assault and Menacing pages.

The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.

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