Criminal Mischief in Lee County, Florida

Criminal mischief cases in Lee County result in conviction at notably high rates. The 74.8% guilty verdict rate, combined with a 17.8% adjudication withheld rate, means 92.6% of defendants face formal conviction or its functional equivalent. This is consistent with statewide patterns on withheld adjudication but reveals a significantly harsher dismissal environment: Lee County dismisses only 1.1% of cases compared to 2.4% statewide. Diversion programs, which allow case dismissal through completion of requirements rather than conviction, are rarely used here at 2.8% versus 6.4% statewide. This suggests the State Attorney's office prioritizes prosecution over alternative resolution pathways.

Sentencing in Lee County combines jail time with extended supervision. Nearly half of sentenced defendants spend time in jail, with an average sentence of 259 days and a median of 113 days, indicating substantial variation in punishment severity. Probation obligations average nearly two years. Notably, 30.7% of defendants had publicly funded legal representation, compared to only 9.4% with private counsel—a significant gap suggesting resource constraints may affect case outcomes. Just 7.4% received prison sentences, indicating most confinement occurs in county facilities.

1.1% of Criminal Mischief cases in Lee County are dismissed, and 17.8% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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540
Total Cases
74.8%
Guilty Rate
17.8%
Withheld Rate
1.1%
Dismissal Rate
8.6 months
Avg Sentence
Guilty
74.8% (404)
Withheld
17.8% (96)
Diversion
2.8% (15)
Dismissed
1.1% (6)
Acquitted
0.7% (4)
8.6 months
Avg Sentence
3.8 months
Median Sentence
1 year, 10 months
Avg Probation
7.4%
Prison Rate
47.8%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 258 4.4 months
State Prison Facility 40 3.0 years
115
Public Defender
60.9% guilty · 1.7% dismissed
51
Private Attorney
51.0% guilty · 0.0% dismissed
7
Self or Unrepresented
57.1% guilty · 0.0% 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 368 75.3% 1.1%
Black 160 74.4% 1.2%
11.5%
Under 21
26.7%
21-29
30.9%
30-39
16.9%
40-49
9.4%
50-59
4.6%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 167 79.6% 1.8% 6.5 months
2024 173 75.1% 0.0% 9.6 months
2025 200 70.5% 1.5% 9.9 months
Level Degree Cases
Misdemeanor First Degree 214
Felony Third Degree 194
Misdemeanor Second Degree 132
Charge Cases Guilty Rate Dismissal Rate
Drug Possession 5,953 79.4% 0.2%
Traffic Offense 5,651 78.7% 0.1%
DUI 3,521 98.2% 0.6%
Larceny / Theft 2,186 81.9% 0.5%
Resisting Officer 1,991 85.2% 1.6%
Battery 1,752 69.5% 1.8%
Trespassing 1,425 88.0% 4.5%
Other 1,124 70.6% 1.5%

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What is the guilty rate for Criminal Mischief in Lee County?
The guilty rate is 74.8% based on 540 cases (2023-2025).
How often is adjudication withheld for Criminal Mischief in Lee County?
Adjudication is withheld in 17.8% 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 Lee County?
The average sentence is 8.6 months.
What percentage use a public defender vs private attorney?
21.3% of defendants use a public defender, while 9.4% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Lee 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 · 540 cases · 2023-2025 · Data last updated March 2026