Criminal Mischief in Miami-Dade County, Florida

In Miami-Dade County, criminal mischief cases result in conviction or adjudication withheld in over 81 percent of cases, well above the statewide pattern. The guilty rate of 56.7 percent paired with a withheld rate of 25.1 percent suggests prosecutors pursue these cases aggressively and judges frequently find guilt without formal conviction. The dismissal rate of 1.7 percent falls below the statewide average of 2.4 percent, indicating Miami-Dade judges are less likely to throw out these charges. Notably, the diversion rate of 16 percent is more than double the statewide average of 6.4 percent, meaning Miami-Dade offers defendants substantially more opportunities to resolve cases outside the criminal system through program completion rather than conviction.

Defendants convicted or adjudicated withheld face meaningful consequences. The median sentence is 148 days, but the average climbs to 351.8 days, reflecting some cases receiving substantially longer terms. Over half of defendants receive either jail or prison time, with 25.6 percent incarcerated in prison and 26.7 percent in jail. Probation extends an average of nearly 983 days when imposed. Two-thirds of defendants are represented by public defenders, while about one-fifth retain private counsel.

1.7% of Criminal Mischief cases in Miami-Dade County are dismissed, and 25.1% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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2,597
Total Cases
56.7%
Guilty Rate
25.1%
Withheld Rate
1.7%
Dismissal Rate
11.7 months
Avg Sentence
Guilty
56.7% (1,472)
Withheld
25.1% (653)
Diversion
16.0% (415)
Dismissed
1.7% (44)
Acquitted
0.5% (13)
11.7 months
Avg Sentence
4.9 months
Median Sentence
2.7 years
Avg Probation
$374
Avg Fine
25.6%
Prison Rate
26.7%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 693 5.5 months
State Prison Facility 664 1 year, 6 months
Confinement to Hospital Facility 1 10.0 months
1,730
Public Defender
63.6% guilty · 2.0% dismissed
583
Private Attorney
36.4% guilty · 0.5% dismissed
127
Conflict Counsel
62.2% guilty · 1.6% dismissed
101
Court Private or Assigned Counsel
73.3% 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 1,523 50.8% 1.2%
Black 1,067 65.1% 2.2%
8.1%
Under 21
25.8%
21-29
33.2%
30-39
18.8%
40-49
9.4%
50-59
4.7%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 959 57.9% 1.1% 1 year
2024 900 58.8% 1.8% 1 year
2025 738 52.6% 2.3% 9.6 months
Level Degree Cases
Felony Third Degree 932
Misdemeanor First Degree 829
Misdemeanor Second Degree 817
NULL NULL 19
Charge Cases Guilty Rate Dismissal Rate
Other 17,318 16.9% 54.7%
Larceny / Theft 13,324 61.6% 1.0%
Drug Possession 6,986 65.1% 0.7%
Resisting Officer 6,189 50.6% 2.1%
Battery 5,809 42.9% 2.0%
Burglary 4,095 72.7% 1.1%
Fraud 4,065 41.6% 0.5%
Traffic Offense 3,507 56.1% 8.3%

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What is the guilty rate for Criminal Mischief in Miami-Dade County?
The guilty rate is 56.7% based on 2,597 cases (2023-2025).
How often is adjudication withheld for Criminal Mischief in Miami-Dade County?
Adjudication is withheld in 25.1% 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 Criminal Mischief in Miami-Dade County?
The average sentence is 11.7 months, with an average fine of $374.
What percentage use a public defender vs private attorney?
66.6% of defendants use a public defender, while 22.4% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Miami-Dade 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 · 2,597 cases · 2023-2025 · Data last updated March 2026