Battery in Volusia County, Florida

Battery cases in Volusia County resolve quite differently than the statewide pattern. Nearly 77 percent of defendants either receive guilty verdicts or have adjudication withheld, compared to a statewide withheld rate of 18 percent—meaning Volusia judges are substantially more likely to find guilt but spare formal convictions. The county's diversion rate of 18.5 percent also significantly exceeds the statewide average of 10.2 percent, suggesting the State Attorney's office channels a meaningful portion of battery defendants into program-based alternatives rather than toward trial. Dismissals occur in just over 3 percent of cases, barely above the statewide average, indicating that charges rarely fall away before resolution.

Confinement is common: 40.4 percent of sentenced defendants go to jail and 13.1 percent to prison. The median sentence of 97 days masks substantial variation—the average stretches to 376 days, reflecting some serious cases that draw much longer terms. Probation follows in most outcomes, averaging 728 days. Public defenders handle nearly 70 percent of battery cases, while just 21 percent of defendants retain private counsel, showing most battery defendants qualify as indigent.

3.1% of Battery cases in Volusia County are dismissed, and 26.0% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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6,128
Total Cases
50.6%
Guilty Rate
26.0%
Withheld Rate
3.1%
Dismissal Rate
1 year
Avg Sentence
Guilty
50.6% (3,102)
Withheld
26.0% (1,596)
Diversion
18.5% (1,131)
Dismissed
3.1% (189)
Acquitted
0.4% (24)
1 year
Avg Sentence
3.2 months
Median Sentence
1 year, 12 months
Avg Probation
$644
Avg Fine
13.1%
Prison Rate
40.4%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 2,476 4.3 months
State Prison Facility 801 3.1 years
4,261
Public Defender
54.8% guilty · 3.0% dismissed
1,310
Private Attorney
37.3% guilty · 1.4% dismissed
285
Self or Unrepresented
31.2% guilty · 12.6% dismissed
179
Conflict Counsel
73.2% guilty · 4.5% dismissed
93
Court Private or Assigned Counsel
64.5% guilty · 1.1% 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 4,127 47.1% 3.3%
Black 1,813 60.5% 2.5%
Not Available 70 31.4% 2.9%
Asian 55 41.8% 3.6%
American Indian or Alaska Native 11 54.5% 9.1%
5.7%
Under 21
23.7%
21-29
30.5%
30-39
21.2%
40-49
12.0%
50-59
6.9%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 2,020 53.0% 3.0% 1 year
2024 2,038 51.3% 4.1% 1 year, 1 months
2025 2,070 47.6% 2.2% 11.9 months
Level Degree Cases
Misdemeanor First Degree 3,664
Felony Third Degree 2,085
Felony Second Degree 303
Felony First Degree 52
NULL NULL 22
Misdemeanor Second Degree 2
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%
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%
Fraud 1,990 65.3% 4.6%

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What is the guilty rate for Battery in Volusia County?
The guilty rate is 50.6% based on 6,128 cases (2023-2025).
How often is adjudication withheld for Battery in Volusia County?
Adjudication is withheld in 26.0% 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 Volusia County?
The average sentence is 1 year, with an average fine of $644.
What percentage use a public defender vs private attorney?
69.5% of defendants use a public defender, while 21.4% 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 · 6,128 cases · 2023-2025 · Data last updated March 2026