Trespassing in Volusia County, Florida

Trespassing cases in Volusia County result in guilty findings at a notably higher rate than the state average, with 77.7 percent of defendants convicted compared to the statewide baseline of conviction and adjudication withheld combined. The withheld adjudication rate of 16.6 percent exceeds Florida's statewide average of 11.5 percent, meaning a larger share of Volusia defendants avoid formal conviction records despite guilt findings. Dismissals occur in only 3.2 percent of cases, slightly below the statewide dismissal rate of 3.8 percent. Diversion programs, which allow case dismissal upon program completion, are rarely used at 1.7 percent compared to the statewide average of 3.1 percent, suggesting the State Attorney's office in this circuit prioritizes prosecution over alternative resolution.

Sentences are typically short, with a median of 10 days but an average of 26.6 days reflecting occasional longer terms. Jail confinement is the standard outcome at 87.3 percent, while prison sentences are rare at 0.3 percent. Probation averages 497 days when imposed. Fines average $139. Public defenders represent 86.2 percent of trespassing defendants, indicating most lack private counsel resources.

3.2% of Trespassing cases in Volusia County are dismissed, and 16.6% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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3,956
Total Cases
77.7%
Guilty Rate
16.6%
Withheld Rate
3.2%
Dismissal Rate
26 days
Avg Sentence
Guilty
77.7% (3,072)
Withheld
16.6% (655)
Diversion
1.7% (69)
Dismissed
3.2% (126)
Acquitted
0.1% (2)
26 days
Avg Sentence
10 days
Median Sentence
1 year, 4 months
Avg Probation
$139
Avg Fine
0.3%
Prison Rate
87.3%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 3,454 23 days
State Prison Facility 10 3.1 years
Confined to Other Diversionary Facility 1 1 days
3,410
Public Defender
80.5% guilty · 2.3% dismissed
352
Self or Unrepresented
65.3% guilty · 11.9% dismissed
135
Private Attorney
36.3% guilty · 2.2% dismissed
39
Conflict Counsel
79.5% guilty · 2.6% dismissed
20
Court Private or Assigned Counsel
90.0% 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 2,831 78.0% 3.3%
Black 1,074 77.7% 2.9%
Asian 17 41.2% 5.9%
Not Available 13 53.8% 7.7%
2.0%
Under 21
11.7%
21-29
24.1%
30-39
25.7%
40-49
20.0%
50-59
16.5%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,321 76.8% 3.4% 26 days
2024 1,365 77.4% 2.9% 28 days
2025 1,270 78.8% 3.2% 24 days
Level Degree Cases
Misdemeanor First Degree 2,797
Misdemeanor Second Degree 1,094
Felony Third Degree 65
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%
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 Trespassing in Volusia County?
The guilty rate is 77.7% based on 3,956 cases (2023-2025).
How often is adjudication withheld for Trespassing in Volusia County?
Adjudication is withheld in 16.6% 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 Volusia County?
The average sentence is 26 days, with an average fine of $139.
What percentage use a public defender vs private attorney?
86.2% of defendants use a public defender, while 3.4% 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 · 3,956 cases · 2023-2025 · Data last updated March 2026