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.
Ask a Volusia County attorney — freeOutcome Breakdown
Sentencing Breakdown
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 609 | 2.9 months |
| State Prison Facility | 78 | 2.7 years |
Counsel Analysis
Demographics
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% |
Age Distribution
Year-Over-Year Trends
| 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 |
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| Misdemeanor | First Degree | 567 |
| Felony | Third Degree | 279 |
| Misdemeanor | Second Degree | 275 |
Related Charges in Volusia County
| 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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Frequently Asked Questions
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