Burglary in Volusia County, Florida

Volusia County prosecutes burglary cases aggressively compared to statewide trends. Guilty verdicts occur in 73.6 percent of cases, while adjudication withheld—a Florida outcome where judges find guilt but spare defendants a formal conviction record—reaches 21.1 percent, significantly higher than the statewide average of 12.9 percent. Dismissals and diversions are rare in Volusia, each occurring in roughly one percent of burglary cases, slightly below the statewide diversion rate of 2.1 percent. Combined, guilty findings and withheld adjudications resolve 94.7 percent of local burglary cases, reflecting the State Attorney's enforcement priorities in this circuit.

Confinement is substantial for convicted defendants. Prison sentences follow in 53.4 percent of cases with an average of 1,173 days, while jail time accounts for another 18.4 percent. The median sentence of 731 days shows that half of defendants receive two years or less, but higher sentences pull the average well above the median. Probation often accompanies incarceration, averaging 1,408 days. Most defendants—66.8 percent—rely on public defenders, with only 19.2 percent hiring private counsel.

1.3% of Burglary cases in Volusia County are dismissed, and 21.1% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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1,748
Total Cases
73.6%
Guilty Rate
21.1%
Withheld Rate
1.3%
Dismissal Rate
3.2 years
Avg Sentence
Guilty
73.6% (1,286)
Withheld
21.1% (369)
Diversion
1.7% (30)
Dismissed
1.3% (23)
Acquitted
0.0% (0)
3.2 years
Avg Sentence
2.0 years
Median Sentence
3.9 years
Avg Probation
53.4%
Prison Rate
18.4%
Jail Rate
Confinement Type Count Avg Sentence
State Prison Facility 933 4.1 years
County Jail 321 8.4 months
1,168
Public Defender
75.2% guilty · 1.1% dismissed
335
Private Attorney
56.7% guilty · 1.5% dismissed
110
Court Private or Assigned Counsel
93.6% guilty · 1.8% dismissed
92
Conflict Counsel
82.6% guilty · 2.2% dismissed
43
Self or Unrepresented
90.7% guilty · 2.3% 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 1,048 76.2% 1.8%
Black 663 68.9% 0.6%
Not Available 29 79.3% 0.0%
24.6%
Under 21
22.2%
21-29
25.1%
30-39
15.6%
40-49
8.4%
50-59
4.1%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 597 73.2% 1.0% 3.0 years
2024 607 77.3% 1.3% 3.2 years
2025 544 69.9% 1.7% 3.5 years
Level Degree Cases
Felony Third Degree 1,203
Felony Second Degree 423
Felony First Degree punishable by life 87
Felony First Degree 27
Felony Life 8
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%

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What is the guilty rate for Burglary in Volusia County?
The guilty rate is 73.6% based on 1,748 cases (2023-2025).
How often is adjudication withheld for Burglary in Volusia County?
Adjudication is withheld in 21.1% 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 Burglary in Volusia County?
The average sentence is 3.2 years.
What percentage use a public defender vs private attorney?
66.8% of defendants use a public defender, while 19.2% 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 · 1,748 cases · 2023-2025 · Data last updated March 2026