Battery in Brevard County, Florida

In Brevard County, battery defendants face conviction outcomes substantially higher than statewide patterns. Nearly 60 percent are found guilty, while almost 29 percent receive withheld adjudication—a rate 11 points above the state average of 18 percent. Withheld adjudication allows defendants to avoid a formal conviction record despite judicial finding of guilt. Dismissals occur in only 2 percent of cases, below the statewide average of 2.9 percent, suggesting Brevard prosecutors maintain stricter charging standards or that the State Attorney for the judicial circuit has prioritized battery prosecutions. The diversion rate of 3.6 percent trails the statewide average of 10.2 percent, indicating fewer pre-trial program opportunities to resolve cases without conviction.

Sentencing in Brevard reflects wide variation: the median sentence is 82 days, but the average climbs to 314 days, meaning some defendants receive substantially longer terms. About one-third face jail confinement while 6 percent receive prison sentences. Probation averaged 590 days. Public defenders represent roughly one-quarter of defendants, while less than 12 percent retained private counsel, indicating most battery defendants in Brevard operate with court-appointed representation.

2.1% of Battery cases in Brevard County are dismissed, and 28.9% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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1,080
Total Cases
59.7%
Guilty Rate
28.9%
Withheld Rate
2.1%
Dismissal Rate
10.4 months
Avg Sentence
Guilty
59.7% (645)
Withheld
28.9% (312)
Diversion
3.6% (39)
Dismissed
2.1% (23)
Acquitted
1.9% (20)
10.4 months
Avg Sentence
2.7 months
Median Sentence
1 year, 7 months
Avg Probation
5.9%
Prison Rate
35.8%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 387 3.8 months
State Prison Facility 64 4.2 years
277
Public Defender
63.5% guilty · 2.9% dismissed
122
Private Attorney
52.5% guilty · 1.6% dismissed
41
Court Private or Assigned Counsel
68.3% guilty · 0.0% dismissed
4.6%
Under 21
20.3%
21-29
31.8%
30-39
22.0%
40-49
13.5%
50-59
7.8%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 338 57.4% 1.2% 10.6 months
2024 418 59.8% 3.6% 10.6 months
2025 324 62.0% 1.2% 10.1 months
Level Degree Cases
NULL NULL 1,080
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 4,553 68.7% 1.7%
Other 3,158 28.3% 29.4%
Drug Possession 2,070 72.5% 0.8%
Larceny / Theft 1,623 65.6% 0.6%
DUI 1,533 59.7% 0.9%
Trespassing 1,103 83.7% 0.6%
Contempt of Court 1,011 11.4% 84.9%
Resisting Officer 692 68.4% 1.3%

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What is the guilty rate for Battery in Brevard County?
The guilty rate is 59.7% based on 1,080 cases (2023-2025).
How often is adjudication withheld for Battery in Brevard County?
Adjudication is withheld in 28.9% 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 Battery in Brevard County?
The average sentence is 10.4 months.
What percentage use a public defender vs private attorney?
25.6% of defendants use a public defender, while 11.3% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Brevard 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 · 1,080 cases · 2023-2025 · Data last updated March 2026