Assault in Volusia County, Florida

In Volusia County, assault cases result in guilty verdicts or adjudication withheld outcomes in 86.2 percent of cases, significantly higher than the statewide pattern. The county's withheld adjudication rate of 26.6 percent exceeds the statewide average of 21.9 percent, meaning a larger portion of defendants avoid formal conviction records despite judicial findings of guilt. Dismissals occur in just 2.3 percent of assault cases locally, slightly below the statewide average of 2.6 percent. Diversion programs, which allow defendants to avoid conviction through program completion, are used in 6.6 percent of cases compared to a statewide average of 4.8 percent, indicating moderate use of these alternatives in Volusia County.

Defendants convicted of assault in Volusia County face substantial penalties. The average sentence spans 474 days, though the median of 180 days reflects that many receive shorter terms. Confinement is common: 38.6 percent receive jail time and 23 percent receive prison sentences, often combined with probation averaging about three years. Average fines reach $568. Public defenders represent 63.4 percent of defendants, suggesting most cannot afford private counsel at the 26.5 percent rate.

2.3% of Assault cases in Volusia County are dismissed, and 26.6% receive adjudication withheld. An attorney can review your situation — free, no obligation.

Ask a Volusia County attorney — free
1,092
Total Cases
59.6%
Guilty Rate
26.6%
Withheld Rate
2.3%
Dismissal Rate
1 year, 4 months
Avg Sentence
Guilty
59.6% (651)
Withheld
26.6% (291)
Diversion
6.6% (72)
Dismissed
2.3% (25)
Acquitted
0.9% (10)
1 year, 4 months
Avg Sentence
6.0 months
Median Sentence
2.8 years
Avg Probation
$568
Avg Fine
23.0%
Prison Rate
38.6%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 421 3.3 months
State Prison Facility 251 3.0 years
692
Public Defender
63.3% guilty · 1.6% dismissed
289
Private Attorney
46.0% guilty · 2.4% dismissed
46
Conflict Counsel
84.8% guilty · 4.3% dismissed
39
Self or Unrepresented
51.3% guilty · 12.8% dismissed
26
Court Private or Assigned Counsel
80.8% guilty · 0.0% dismissed

Demographic data reflects systemic patterns in the criminal justice system and should not be used to draw conclusions about any racial or ethnic group. Disparities may reflect differences in policing, prosecution, and socioeconomic factors rather than actual crime rates.

Race Cases Guilty Rate Dismissal Rate
White 689 53.1% 2.8%
Black 378 71.2% 1.6%
Asian 12 33.3% 0.0%
9.2%
Under 21
20.9%
21-29
26.7%
30-39
21.2%
40-49
12.9%
50-59
9.2%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 373 60.9% 1.3% 1 year, 3 months
2024 369 57.2% 3.0% 1 year, 2 months
2025 350 60.9% 2.6% 1 year, 5 months
Level Degree Cases
Felony Third Degree 625
Misdemeanor Second Degree 317
Misdemeanor First Degree 82
Felony Second Degree 68
Charge Cases Guilty Rate Dismissal Rate
Other 26,889 15.9% 51.3%
Drug Possession 15,291 69.8% 1.1%
Traffic Offense 14,935 49.4% 5.4%
Battery 6,128 50.6% 3.1%
Larceny / Theft 4,676 63.3% 3.7%
Resisting Officer 4,313 67.1% 2.3%
Trespassing 3,956 77.7% 3.2%
Sex Offense 2,019 89.6% 3.3%

Need a Defense Attorney in Volusia County?

Get matched with a local attorney who handles Assault cases. Free, confidential, no obligation.

What is the guilty rate for Assault in Volusia County?
The guilty rate is 59.6% based on 1,092 cases (2023-2025).
How often is adjudication withheld for Assault in Volusia County?
Adjudication is withheld in 26.6% of cases. This is a Florida-specific outcome where the court finds guilt but does not formally convict, allowing the defendant to avoid a conviction record under FL Statute 948.01.
What is the average sentence for Assault in Volusia County?
The average sentence is 1 year, 4 months, with an average fine of $568.
What percentage use a public defender vs private attorney?
63.4% of defendants use a public defender, while 26.5% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Volusia County. "Guilty" includes all cases where the defendant was found guilty. "Adjudication withheld" is a Florida-specific disposition where guilt is found but the court withholds formal adjudication under FL Statute 948.01. "Dismissed" includes all cases dismissed by the court or prosecution.

Source: FDLE Criminal Justice Data Transparency · 1,092 cases · 2023-2025 · Data last updated March 2026