An ADA cannot plead an assault down to menacing, menacing is only charged when there is a threat of violence made, if there is actual violence it's assault.
ADA Peluso pleads his assault case down to menacing in the third degree, a class B misdemeanor, so that the defendant's scholarship won't be affected by a felony conviction. However he could accomplish the same thing by dropping the charge from assault in the second degree, a class D felony, down to assault in the third degree, which is a class A misdemeanor. It might involve a little longer probation period but it more accurately represents the crime the defendant committed than menacing does and it still keeps a violent felony conviction off his record.
ADA Peluso pleads his assault case down to menacing in the third degree, a class B misdemeanor, so that the defendant's scholarship won't be affected by a felony conviction. However he could accomplish the same thing by dropping the charge from assault in the second degree, a class D felony, down to assault in the third degree, which is a class A misdemeanor. It might involve a little longer probation period but it more accurately represents the crime the defendant committed than menacing does and it still keeps a violent felony conviction off his record.