Larceny / Theft in Volusia County, Florida

Larceny cases in Volusia County result in guilty verdicts 63.3 percent of the time, above the statewide pattern shaped by each circuit's prosecution priorities. The county's withheld adjudication rate of 19.1 percent exceeds the state average of 16.1 percent, meaning nearly one in five defendants avoid a formal conviction on their record despite judicial findings of guilt. Volusia also uses diversion programs more frequently than the state average—12.2 percent versus 8.5 percent statewide—suggesting the local State Attorney's office emphasizes alternatives to conviction. The dismissal rate of 3.7 percent runs notably higher than the statewide average of 1.8 percent, indicating Volusia prosecutors move forward with charges at a slightly lower threshold or that cases encounter evidentiary problems more often here.

Sentencing in Volusia larceny cases shows wide disparity: the median sentence is 51 days while the average climbs to 326 days, a gap reflecting occasional lengthy sentences pulling the average upward. Just under half of convicted defendants (48.7 percent) receive jail time, while 13.8 percent receive prison sentences. Most defendants are represented by public defenders (67.2 percent), with few affording private counsel (12.5 percent). Probation sentences average 837.7 days, and fines average $516.40, making financial penalties common alongside confinement or supervision.

3.7% of Larceny / Theft cases in Volusia County are dismissed, and 19.1% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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4,676
Total Cases
63.3%
Guilty Rate
19.1%
Withheld Rate
3.7%
Dismissal Rate
10.9 months
Avg Sentence
Guilty
63.3% (2,961)
Withheld
19.1% (895)
Diversion
12.2% (571)
Dismissed
3.7% (171)
Acquitted
0.2% (8)
10.9 months
Avg Sentence
1.7 months
Median Sentence
2.3 years
Avg Probation
$516
Avg Fine
13.8%
Prison Rate
48.7%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 2,278 3.8 months
State Prison Facility 643 3.0 years
3,141
Public Defender
72.6% guilty · 2.3% dismissed
701
Self or Unrepresented
38.1% guilty · 12.1% dismissed
584
Private Attorney
35.3% guilty · 1.2% dismissed
130
Court Private or Assigned Counsel
92.3% guilty · 1.5% dismissed
120
Conflict Counsel
73.3% guilty · 4.2% 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 3,175 63.4% 3.7%
Black 1,380 65.9% 3.0%
Not Available 59 23.7% 15.3%
Asian 26 42.3% 3.8%
6.4%
Under 21
19.9%
21-29
28.5%
30-39
24.2%
40-49
13.0%
50-59
8.0%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,377 58.7% 4.6% 8.6 months
2024 1,595 65.1% 3.8% 1 year, 2 months
2025 1,704 65.4% 2.8% 9.1 months
Level Degree Cases
Felony Third Degree 1,743
Misdemeanor Second Degree 1,509
Misdemeanor First Degree 1,328
Felony Second Degree 79
Felony First Degree 17
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%
Resisting Officer 4,313 67.1% 2.3%
Trespassing 3,956 77.7% 3.2%
Sex Offense 2,019 89.6% 3.3%
Fraud 1,990 65.3% 4.6%

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What is the guilty rate for Larceny / Theft in Volusia County?
The guilty rate is 63.3% based on 4,676 cases (2023-2025).
How often is adjudication withheld for Larceny / Theft in Volusia County?
Adjudication is withheld in 19.1% 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 Larceny / Theft in Volusia County?
The average sentence is 10.9 months, with an average fine of $516.
What percentage use a public defender vs private attorney?
67.2% of defendants use a public defender, while 12.5% 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 · 4,676 cases · 2023-2025 · Data last updated March 2026