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.
Ask a Volusia County attorney — freeOutcome Breakdown
Sentencing Breakdown
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 2,476 | 4.3 months |
| State Prison Facility | 801 | 3.1 years |
Counsel Analysis
Demographics
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% |
Age Distribution
Year-Over-Year Trends
| 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 |
Charge Level Breakdown
| 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 |
Related Charges in Volusia County
| 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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Frequently Asked Questions
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