Criminal Mischief in Volusia County, Florida

Criminal mischief cases in Volusia County resolve quite differently than the statewide pattern. Volusia prosecutors secure guilty verdicts in 53.7% of cases, slightly below the state average, but the county's withheld adjudication rate of 28.2% significantly exceeds Florida's statewide 17.1%. This means Volusia judges find guilt in a larger share of cases but frequently avoid formal convictions through adjudication withheld—a outcome that protects defendants' records while still holding them accountable. Dismissals occur in only 4.1% of Volusia cases, substantially higher than the 2.4% statewide average, suggesting the State Attorney pursues these charges more aggressively than most circuits. The diversion rate of 11.9% also exceeds the state's 6.4%, indicating meaningful opportunities for eligible defendants to avoid conviction entirely through program completion.

When guilt is established, Volusia sentences are moderate but widely variable: median jail time is 60 days while the average climbs to 192 days, reflecting some cases drawing much longer terms. Over half of sentenced defendants (54.3%) serve jail time, while 7% receive prison sentences. Probation averages 632 days. Most defendants facing these charges rely on public defenders (67.4%), with roughly one-fifth retaining private counsel.

4.1% of Criminal Mischief cases in Volusia County are dismissed, and 28.2% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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1,121
Total Cases
53.7%
Guilty Rate
28.2%
Withheld Rate
4.1%
Dismissal Rate
6.4 months
Avg Sentence
Guilty
53.7% (602)
Withheld
28.2% (316)
Diversion
11.9% (133)
Dismissed
4.1% (46)
Acquitted
0.5% (6)
6.4 months
Avg Sentence
2.0 months
Median Sentence
1 year, 9 months
Avg Probation
$438
Avg Fine
7.0%
Prison Rate
54.3%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 609 2.9 months
State Prison Facility 78 2.7 years
755
Public Defender
58.9% guilty · 4.5% dismissed
223
Private Attorney
40.4% guilty · 1.3% dismissed
93
Self or Unrepresented
32.3% guilty · 9.7% dismissed
39
Conflict Counsel
74.4% guilty · 0.0% dismissed
11
Court Private or Assigned Counsel
72.7% 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 757 49.5% 4.4%
Black 342 63.2% 3.8%
8.8%
Under 21
25.4%
21-29
33.3%
30-39
16.9%
40-49
9.5%
50-59
6.2%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 413 48.4% 5.8% 6.4 months
2024 371 56.1% 2.4% 6.1 months
2025 337 57.6% 3.9% 6.7 months
Level Degree Cases
Misdemeanor First Degree 567
Felony Third Degree 279
Misdemeanor Second Degree 275
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 Criminal Mischief in Volusia County?
The guilty rate is 53.7% based on 1,121 cases (2023-2025).
How often is adjudication withheld for Criminal Mischief in Volusia County?
Adjudication is withheld in 28.2% 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 Volusia County?
The average sentence is 6.4 months, with an average fine of $438.
What percentage use a public defender vs private attorney?
67.4% of defendants use a public defender, while 19.9% 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 · 1,121 cases · 2023-2025 · Data last updated March 2026