Criminal Mischief in Brevard County, Florida

Criminal mischief cases in Brevard County result in conviction at notably high rates compared to statewide patterns. Nearly 59 percent of defendants are found guilty, and another 30 percent receive adjudication withheld—a combined 88 percent outcome that leaves few cases dismissed or acquitted. The withheld rate in Brevard significantly exceeds the statewide average of 17 percent, suggesting the local State Attorney's office and courts favor this middle-ground outcome that avoids formal conviction while still establishing guilt. The dismissal rate of 1.5 percent falls below the statewide average of 2.4 percent, indicating Brevard prosecutes these charges more aggressively than most Florida counties.

When sentenced, most defendants in Brevard avoid prison but face substantial jail time and probation. Nearly 40 percent are confined in jail with an average sentence of 137 days, while the median drops to 60 days, showing wide variation in how cases are handled. Probation sentences average over 18 months. Public defenders represent the majority of defendants at 26 percent, compared to 4 percent with private counsel, reflecting the charge's lower socioeconomic profile. Diversion programs remain underutilized at 5 percent, well below the statewide average of 6.4 percent.

1.5% of Criminal Mischief cases in Brevard County are dismissed, and 29.6% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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206
Total Cases
58.7%
Guilty Rate
29.6%
Withheld Rate
1.5%
Dismissal Rate
4.5 months
Avg Sentence
Guilty
58.7% (121)
Withheld
29.6% (61)
Diversion
4.9% (10)
Dismissed
1.5% (3)
Acquitted
0.5% (1)
4.5 months
Avg Sentence
2.0 months
Median Sentence
1 year, 6 months
Avg Probation
1.5%
Prison Rate
39.3%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 81 3.1 months
State Prison Facility 3 3.6 years
53
Public Defender
56.6% guilty · 1.9% dismissed
9
Private Attorney
55.6% guilty · 0.0% dismissed
8
Court Private or Assigned Counsel
75.0% guilty · 0.0% dismissed
6.8%
Under 21
33.2%
21-29
26.8%
30-39
18.5%
40-49
9.8%
50-59
4.9%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 74 56.8% 1.4% 2.5 months
2024 58 67.2% 1.7% 5.8 months
2025 74 54.1% 1.4% 5.5 months
Level Degree Cases
NULL NULL 206
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%
Battery 1,080 59.7% 2.1%
Contempt of Court 1,011 11.4% 84.9%

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What is the guilty rate for Criminal Mischief in Brevard County?
The guilty rate is 58.7% based on 206 cases (2023-2025).
How often is adjudication withheld for Criminal Mischief in Brevard County?
Adjudication is withheld in 29.6% 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 Criminal Mischief in Brevard County?
The average sentence is 4.5 months.
What percentage use a public defender vs private attorney?
25.7% of defendants use a public defender, while 4.4% 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 · 206 cases · 2023-2025 · Data last updated March 2026