Resisting Officer in Volusia County, Florida

Resisting Officer charges in Volusia County result in conviction at notably high rates. The guilty verdict rate of 67.1 percent exceeds typical outcomes for this charge statewide, and the withheld adjudication rate of 23.5 percent—meaning the judge found guilt but did not formally convict—runs substantially higher than the statewide average of 14.5 percent. Together, these outcomes account for over 90 percent of cases. Dismissals occur in only 2.3 percent of Volusia cases, slightly higher than the statewide average of 1.9 percent. Diversion programs, which allow defendants to avoid conviction through program completion, are used in 5.6 percent of cases, marginally above the statewide rate of 4.8 percent.

Sentences vary widely in Volusia resisting officer cases. The median sentence is 28 days, but the average climbs to 256 days, indicating some significantly longer sentences pull the average upward. Jail confinement is the norm, affecting 70.4 percent of sentenced defendants, while prison sentences occur in only 5.6 percent. Most defendants are represented by public defenders (70 percent), with 18.1 percent hiring private counsel. Probation averages 665 days, and fines average $409.

2.3% of Resisting Officer cases in Volusia County are dismissed, and 23.5% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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4,313
Total Cases
67.1%
Guilty Rate
23.5%
Withheld Rate
2.3%
Dismissal Rate
8.5 months
Avg Sentence
Guilty
67.1% (2,892)
Withheld
23.5% (1,014)
Diversion
5.6% (242)
Dismissed
2.3% (100)
Acquitted
0.3% (12)
8.5 months
Avg Sentence
28 days
Median Sentence
1 year, 10 months
Avg Probation
$409
Avg Fine
5.6%
Prison Rate
70.4%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 3,038 6.0 months
State Prison Facility 240 3.4 years
3,018
Public Defender
72.8% guilty · 2.3% dismissed
779
Private Attorney
53.0% guilty · 1.8% dismissed
355
Self or Unrepresented
42.3% guilty · 4.5% dismissed
89
Conflict Counsel
77.5% guilty · 1.1% dismissed
72
Court Private or Assigned Counsel
88.9% 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 2,579 63.7% 2.8%
Black 1,624 73.8% 1.5%
Not Available 36 55.6% 2.8%
Asian 30 33.3% 6.7%
7.8%
Under 21
22.8%
21-29
33.0%
30-39
20.9%
40-49
10.7%
50-59
4.8%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,380 63.8% 2.9% 11.3 months
2024 1,474 69.2% 2.5% 9.7 months
2025 1,459 68.0% 1.6% 4.5 months
Level Degree Cases
Misdemeanor First Degree 3,667
Felony Third Degree 525
Felony Second Degree 69
Felony First Degree 27
Misdemeanor Second Degree 17
Felony First Degree punishable by life 5
Felony Life 2
NULL NULL 1
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%
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 Resisting Officer in Volusia County?
The guilty rate is 67.1% based on 4,313 cases (2023-2025).
How often is adjudication withheld for Resisting Officer in Volusia County?
Adjudication is withheld in 23.5% 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 Resisting Officer in Volusia County?
The average sentence is 8.5 months, with an average fine of $409.
What percentage use a public defender vs private attorney?
70.0% of defendants use a public defender, while 18.1% 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 · 4,313 cases · 2023-2025 · Data last updated March 2026