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.
Ask a Volusia County attorney — freeOutcome Breakdown
Sentencing Breakdown
| 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 |
Counsel Analysis
Demographics
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% |
Age Distribution
Year-Over-Year Trends
| 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 |
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| Misdemeanor | First Degree | 2,797 |
| Misdemeanor | Second Degree | 1,094 |
| Felony | Third Degree | 65 |
Related Charges in Volusia County
| 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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Frequently Asked Questions
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