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Data & Legal Glossary

Glossary of Terms
Index Crime Definitions
Charge Types and Penal Codes 
Data Sources

Glossary of Terms 

Accusatory Instrument: A written accusation filed with the court by the Bronx DA that charges the defendant with one or more offenses. (Also known as a Criminal Complaint) 

Acquittal: The defendant is found not guilty at trial. 

Arraignment: The first time the defendant appears before a judge and hears the charges against them. The defendant will then enter a plea of guilty, not guilty, or no contest. 

Arrestee: An individual arrested for an offense(s) by NYPD. 

Arrest Event: An individual is taken into custody by NYPD. 

Bail: A cash or bond set by the court to ensure the defendant will return for future court appearances. Bail will be forfeited if the defendant does not return. 

Charge Category: Felony, misdemeanor, or violation/infraction categorization. See the Office of Court Administration (OCA) for more information on charge severity definitions.

In some instances, felonies are further classified as violent felony offenses (VFOs) or non-violent felony offenses per the definition used by the Division for Criminal Justice Services (DCJS). The exact charges can be found in the Listing of NYS Laws. Note that this definition classifies a charge as a VFO if it is defined as such in NYS Penal Law section 70.02 or if it is considered “like” a violent felony. Second-degree murder, for example, is not listed in section 70.02 but is categorized as a VFO because it is like a violent felony. 

Charged: When NYPD submits an arrest to the Bronx DA, a prosecutor reviews the circumstances of the arrest, interviews witnesses and/or victims, and decides whether to prosecute the defendant on the arrest and, if so, for what charges. A case is considered “charged” or “prosecuted” if the prosecutor files an affidavit, or accusatory instrument, associated with the arrest.

The prosecution charging rates shown in this document are based on legal documentation filed with the court, such as an accusatory instrument or declined to prosecute forms. 

Conviction: The defendant is found guilty, either through a guilty plea or at trial. 

Conditional Discharge: A type of sentence that allows the defendant to be released from prison under certain conditions that do not include supervision. The judge may order a defendant to attend a treatment or substance abuse program, maintain legal employment, or meet other obligations. 

Declined to Prosecute: If the prosecutor files a decline to prosecute form with the court for all charges on an arrest, the arrest is considered “declined.”

Defendant: A person charged with committing a crime. 

Defendant Race: Race is based on information from the complaint that NYPD files with the Bronx DA at the time of arrest. In this analysis, “race” combines race and ethnicity such that any defendant of Hispanic origin is categorized as Hispanic, and defendants identified as non-Hispanic are categorized as White, African American/Black, Asian, or Another Race. 

Defendant Age: Age is based on NYPD reports of the defendant’s date of birth at the time of the arrest. 

Defendant Gender: Gender is based on NYPD reports of the defendant’s gender at the time of the arrest. 

Dismissal: The prosecutor dismisses the charges on the case after the defendant has been charged. Disposition: Resolution of the criminal case. A case can be disposed with an outcome of conviction, dismissal, or acquittal. 

Felony: A crime punishable by a term of imprisonment greater than one year. 

Fine: A type of sentence that requires a defendant to pay a specific amount of money. I

Index Crimes: The FBI tracks the incidence of seven main or “index” crime types for the Uniform Crime Reporting Program. These include murder, rape, aggravated assault, robbery, burglary, grand larceny, and motor vehicle theft. See Appendix A for a complete list of the NYS penal law codes included in each index crime category. 

Law Article: The Law article typically refers to a grouping of charges in the New York State Penal Law that includes different versions of an offense. For example, all charges related to Larceny are grouped into Penal Law Article 155. In these Data Stories, criminal cases are categorized based on the Charge Category and Penal Law Article. 

Misdemeanor: A crime punishable by probation, a fine, or up to one year in jail. 

Probation: A type of sentence that releases a defendant into the community under supervision. 

Top Charge: The most serious charge at a given point in the case flow (for example, there will be a top charge at arrest, a top charge at arraignment, top charge at disposition, top charge at sentencing, etc.). The top charge can change from one point to another for a variety of reasons. For example, the Bronx DA may decide to prosecute for a different charge than the one submitted by NYPD after reviewing the evidence and speaking with witnesses. The charge could change again after arraignment if the defendant agrees to a plea deal. 

Charges are ranked based on category (felony, misdemeanor, violation, infraction, unknown), then by class (‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘U’). If there is a tie, preference is given to (1) murder charges, per Article 125.25, 125.26, and 125.27, and then (2) ‘Violent Felony’ offenses. In situations where charges are still tied, the tie is broken by the lowest Law Article number. 

Violation: An offense punishable by a fine or up to 15 days in jail.

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Index Crime Definitions 

The Uniform Crime/Incident-Based Reporting system (UCR) uses general offense categories that were developed by the Federal Bureau of Investigation (FBI) to standardize reporting across states. 

All data reports follow the New York State Division of Criminal Justice Services definitions of felony index crimes including: 

Murder: The willful killing of one human being by another. Excluded from this category are deaths caused by negligence, suicide, or accident, justifiable homicides, and attempts to murder, which are classified as assault. 

Rape/UCR Felony Sex Offense: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. 

Aggravated Assault: The unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm, and also includes attempts to commit murder. 

Burglary: The unlawful entry of a structure to commit a felony or theft. The use of force to gain entry is not required to classify an offense as burglary. 

Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. It includes crimes such as shoplifting, purse snatching, bicycle thefts, etc., in which no use of force, violence, or fraud occurs. This offense category does not include offenses such as embezzlement, forgery, or bad checks. 

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle, including automobiles, trucks, buses, motorcycles, and snowmobiles. 

Note: Only felony charges are included in all of the index crime categories

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Charge Types and Penal Law Codes

BXDA uses UCR codes to define offense categories in this analysis. The table provides information about the specific UCR codes included in each offense category. For categories where BXDA included additional penal law codes, those are listed in the "Additional Charge Codes" column.

For a complete list of NYS UCR codes see DCJS Law Section Reference manual: NYS Crime Reporting - UCR Reference Materials - NY DCJS.

   
Charge Offense DCJS UCR Code Additional Charge Codes
  Admin & Other Codes -  non-PL and non-VTL codes
  Aggravated Assault  6 PL 120.04-A
  Arson  10  -
  Attempted Murder  1 (only Attempted)  -
  Bribery  21  -
  Burglary  7  -
  Burglary Related  42  -
  Criminal Contempt  -  PL 215.50, PL 215.51
  Criminal Mischief  30  -
  Dangerous Weapons  20  -
  Drug – Marijuana  13, 17  -
  Drug - Not Marijuana  12, 14, 15, 16, 18, 19  -
  Endangerment  38  -
  Forgery & Counterfeiting  24  -
  Fraud  31  PL 178.26.1AI
  Gambling & Prostitution  25, 26, 27, 32, 33, 34  -
  Grand Larceny  8 (Felony)  PL 155.30 (Felony), PL 155.40 (Felony)
  Kidnapping or Related  11, 29  -
  Manslaughter or Related  2, 3  PL 125.12.01, PL 125.13, PL 125.13.01, PL 125.13.03, PL 125.14.01, PL 125.14.05
  Motor Vehicle Theft  9  -
  Murder  1 (not Attempted)  -
  Other Charge  23, 43, 49, 99   PL 220.65, PL 220.65.01
  Other Sex Offenses  22  PL 235.05, PL 235.06, PL 235.07, PL 235.21, PL 235.22, PL 245.11, PL 245.15, PL 263.05, PL 263.10, PL 263.11, PL 263.15, PL 263.16
  Public Order  35, 45, 46, 47  -
  Rape/UCR Sex Offenses  4, 50  -
  Robbery  5  -
  Simple Assault or Related  37  PL 120.03, PL 120.04 (D Felony)
  Strangulation & Obstruction  -  PL 121.12 (Felony), PL 121.13 (Felony), PL 121.11 (Misdemeanor)
  Theft and Petit Larceny  8 (Misdemeanor), 28, 36  -
  Vehicle & Traffic Offense  41  VTL charges

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Data Sources 

  • Arrest information is based on NYPD arrest documents filed with the Bronx DA.
  • Prosecution charging decisions are based on documentation filed with the court after the Bronx DA reviews the circumstances of the arrest.
  • Criminal case and court measures are based on data from the Office of Court Administration transmitted to the Bronx DA.
  • Defendant race/ethnicity, gender, and age data is based on NYPD reports at the time of arrest. Demographics for Bronx County are based on the Census Bureau 5-year estimates (2018-2022).

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