Trespassing in Brevard County, Florida

Trespassing cases in Brevard County result in guilty findings at notably high rates: 83.7 percent of defendants are convicted, compared to a statewide withheld adjudication rate of 11.5 percent. In Brevard, 12.5 percent receive withheld adjudication, which keeps the conviction off their record. Dismissals are rare here at just 0.6 percent, trailing the statewide average of 3.8 percent by 3.2 percentage points. Diversion programs, which allow defendants to avoid conviction entirely through program completion, are used in only 0.3 percent of Brevard cases versus 3.1 percent statewide. This pattern suggests Brevard's State Attorney prioritizes prosecution of trespassing charges with minimal alternative outcomes.

Sentences are modest in length but confinement is common. Defendants average 33.4 days of incarceration, with a median of 21 days, and typically receive 441.6 days of probation. Nearly two-thirds of sentenced defendants spend time in jail, while less than one percent are imprisoned. Public defenders represent 33.3 percent of defendants, while only 1.3 percent retain private counsel, reflecting the economic circumstances of most accused trespassers.

0.6% of Trespassing cases in Brevard County are dismissed — below Florida's statewide average of 4.0%. Brevard County is tougher than typical on these cases, so the attorney you pick matters more here.

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1,103
Total Cases
83.7%
Guilty Rate
12.5%
Withheld Rate
0.6%
Dismissal Rate
1.1 months
Avg Sentence
Guilty
83.7% (923)
Withheld
12.5% (138)
Diversion
0.3% (3)
Dismissed
0.6% (7)
Acquitted
0.0% (0)
1.1 months
Avg Sentence
21 days
Median Sentence
1 year, 3 months
Avg Probation
0.5%
Prison Rate
63.6%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 702 28 days
State Prison Facility 5 2.1 years
367
Public Defender
80.9% guilty · 0.3% dismissed
14
Private Attorney
57.1% guilty · 7.1% dismissed
8
Court Private or Assigned Counsel
87.5% guilty · 0.0% dismissed
1.5%
Under 21
13.1%
21-29
26.3%
30-39
23.0%
40-49
15.3%
50-59
20.7%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 275 84.7% 0.0% 1.3 months
2024 454 84.4% 0.7% 1.0 months
2025 374 82.1% 1.1% 1.0 months
Level Degree Cases
NULL NULL 1,103
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 4,553 68.7% 1.7%
Other 3,158 28.3% 29.4%
Drug Possession 2,070 72.5% 0.8%
Larceny / Theft 1,623 65.6% 0.6%
DUI 1,533 59.7% 0.9%
Battery 1,080 59.7% 2.1%
Contempt of Court 1,011 11.4% 84.9%
Resisting Officer 692 68.4% 1.3%

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What is the guilty rate for Trespassing in Brevard County?
The guilty rate is 83.7% based on 1,103 cases (2023-2025).
How often is adjudication withheld for Trespassing in Brevard County?
Adjudication is withheld in 12.5% 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 Trespassing in Brevard County?
The average sentence is 1.1 months.
What percentage use a public defender vs private attorney?
33.3% of defendants use a public defender, while 1.3% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Brevard 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 · 1,103 cases · 2023-2025 · Data last updated March 2026