Battery in Volusia County — Public Defender vs Private Attorney

In Volusia County, we compared 4,261 Battery cases with public defenders against 1,310 cases with private attorneys (2023-2025). Public defenders achieved a 1.6 percentage point higher dismissal rate.

3.0%
PD Dismissal Rate
4,261 cases
1.4%
Private Attorney Dismissal Rate
1,310 cases
-1.6 pts
Dismissal Rate Difference
Facing Battery charges in Volusia County?
Metric Public Defender Private Attorney Self-Represented
Total Cases 4,261 1,310 285
Dismissal Rate 3.0% 1.4% 12.6%
Conviction Rate 78.9% 69.4% 63.2%
Guilty Rate 54.8% 37.3% 31.2%
Adjudication Withheld 24.2% 32.1% 31.9%
Diversion Rate 16.1% 28.1% 24.2%
Avg Sentence 10.8 months 1 year, 4 months 4.8 months
Avg Fine $575.00 $699.00 $0.00
Avg Probation 1 year, 10 months 2.4 years 1 year, 3 months

Important context: Correlation is not causation. Private attorney clients may differ from public defender clients in income, prior criminal history, charge severity, and willingness to go to trial. These factors independently affect outcomes. This data is informational and does not constitute legal advice.

Statewide, the dismissal rate for Battery is 2.7% with public defenders and 1.9% with private attorneys (-0.8 point difference). Volusia County's -1.6 point difference is below the statewide average.

Location PD Dismissal Private Dismissal Difference
Volusia County 3.0% 1.4% -1.6 pts
Florida (Statewide) 2.7% 1.9% -0.8 pts
Charge PD Cases PD Dismissal Private Cases Private Dismissal
Drug Possession 11,408 0.9% 2,054 0.7%
Other 5,872 47.2% 4,824 56.5%
Traffic Offense 4,880 2.9% 3,023 0.6%
Resisting Officer 3,018 2.3% 779 1.8%
Larceny / Theft 3,141 2.3% 584 1.2%
Trespassing 3,410 2.3% 135 2.2%
Sex Offense 882 1.4% 944 3.2%
Fraud 1,379 2.6% 319 1.6%

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In Volusia County, private attorney clients have a 1.4% dismissal rate for Battery compared to 3.0% for public defender clients. This is a -1.6 percentage point difference based on 5,571 cases. However, correlation is not causation — private attorney clients may have different case characteristics.
The conviction rate for Battery in Volusia County is 78.9% with a public defender and 69.4% with a private attorney. Conviction includes both guilty findings and adjudication withheld.
Statewide, the dismissal rate is 2.7% for public defenders and 1.9% for private attorneys. Volusia County's difference of -1.6 points compares to a statewide difference of -0.8 points.

Conviction includes guilty pleas and adjudication withheld. Data covers 2023–2025 FDLE public court records. Last updated: March 2026

Important: Differences in outcomes between public defenders and private attorneys may reflect differences in case complexity, defendant resources, charge severity, and other factors — not solely attorney quality. These statistics do not predict individual case outcomes.

Source: FDLE Criminal Justice Data Transparency · 5,571 cases analyzed · Volusia County · 2023-2025 · Data last updated March 2026