Trespassing in Orange County, Florida

Orange County prosecutes trespassing cases with notably higher conviction rates than the state average. The combined guilty and adjudication-withheld rate reaches 83 percent, compared to a statewide withheld rate of 11.5 percent. Orange County's 16.9 percent withheld rate—among the highest in the state—reflects judicial discretion to find guilt while avoiding formal conviction. The county's dismissal rate of 6.5 percent substantially exceeds the statewide average of 3.8 percent, suggesting selective prosecution or case screening, though acquittals remain extremely rare at 0.2 percent. Diversion programs are underutilized at 3.9 percent, barely above the statewide average of 3.1 percent.

Sentencing in Orange County trespassing cases emphasizes jail confinement and probation. Although average sentences span 29.5 days, the median of just 6 days indicates most defendants receive minimal incarceration, with 78.7 percent confined to jail rather than prison. Probation is the standard penalty, averaging 242 days. Fines average $291.42. Public defenders handle 59.1 percent of cases, while only 6.6 percent of defendants retained private counsel, reflecting the economic status of those charged.

6.5% of Trespassing cases in Orange County are dismissed, and 16.9% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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3,759
Total Cases
66.1%
Guilty Rate
16.9%
Withheld Rate
6.5%
Dismissal Rate
29 days
Avg Sentence
Guilty
66.1% (2,484)
Withheld
16.9% (636)
Diversion
3.9% (146)
Dismissed
6.5% (245)
Acquitted
0.2% (6)
29 days
Avg Sentence
6 days
Median Sentence
8.1 months
Avg Probation
$291
Avg Fine
0.1%
Prison Rate
78.7%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 2,959 1.0 months
State Prison Facility 2 3.0 years
2,222
Public Defender
59.3% guilty · 10.4% dismissed
248
Private Attorney
25.8% guilty · 4.8% dismissed
60
Conflict Counsel
56.7% guilty · 1.7% dismissed
40
Court Private or Assigned Counsel
80.0% guilty · 2.5% 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
Black 2,171 68.3% 8.0%
White 1,558 63.2% 4.6%
3.8%
Under 21
19.8%
21-29
31.5%
30-39
21.1%
40-49
12.4%
50-59
11.4%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,294 73.2% 4.3% 23 days
2024 1,161 69.7% 6.6% 1.2 months
2025 1,304 55.8% 8.7% 1.0 months
Level Degree Cases
Misdemeanor First Degree 2,574
Misdemeanor Second Degree 1,146
Felony Third Degree 38
Felony Second Degree 1
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 19,880 20.8% 31.3%
Drug Possession 9,214 67.6% 1.2%
Larceny / Theft 8,081 56.3% 2.6%
Other 4,160 34.8% 8.1%
DUI 4,013 49.9% 2.4%
Battery 3,807 43.6% 5.4%
Resisting Officer 3,107 59.1% 3.8%
Weapons Offense 1,729 49.6% 6.1%

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What is the guilty rate for Trespassing in Orange County?
The guilty rate is 66.1% based on 3,759 cases (2023-2025).
How often is adjudication withheld for Trespassing in Orange County?
Adjudication is withheld in 16.9% 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 Orange County?
The average sentence is 29 days, with an average fine of $291.
What percentage use a public defender vs private attorney?
59.1% of defendants use a public defender, while 6.6% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Orange 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 · 3,759 cases · 2023-2025 · Data last updated March 2026