Petit Larceny Defense Lawyer Fairfax County, VA

Facing a petit larceny charge in Fairfax County, Virginia, can jeopardize your employment, professional licensure, and standing in the community. Under Va. Code § 18.2-96, petit larceny is a Class 1 misdemeanor that may result in a jail term of up to 12 months, a fine of as much as $2,500, and a permanent criminal record. When you are charged with this offense, the prosecution must prove every element of the case beyond a reasonable doubt. Having experienced defense counsel can make a meaningful difference at each stage of the proceeding. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on criminal defense and represents individuals accused of petit larceny in Fairfax County General District Court and on appeal to the Circuit Court. Mr. Sris, a former prosecutor, and his Of Counsel team bring over 120 years of combined legal experience to the defense of theft charges. Results may vary. The firm has documented more than 4,739 case results across all practice areas, including numerous petit larceny matters in Fairfax County. We work toward favorable outcomes by examining the evidence, negotiating with the Commonwealth’s Attorney, and pursuing dismissal or reduction when the facts allow. Results may vary. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Petit Larceny Defense Means in Fairfax County

Under Va. Code § 18.2-96, petit larceny is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.

Source: Va. Code § 18.2-96. Virginia Code Title 18.2, Chapter 5, § 18.2-96

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

Petit larceny in Virginia is defined as larceny of property with a value of less than $1,000 that is not taken directly from the person of another. The offense is a Class 1 misdemeanor and is prosecuted by the Commonwealth’s Attorney for Fairfax County. Misdemeanor trials are held in the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, Virginia. A defendant has an absolute right to appeal an adverse decision to the Fairfax County Circuit Court for a new trial. Although Plea bargaining is permitted under Rule 3A:8 of the Rules of the Supreme Court of Virginia; the Commonwealth’s Attorney and defense counsel may negotiate a plea agreement, which the court may accept or reject.

Under Va. Code § 19.2-303.2, a first-offense petit larceny may be eligible for deferred disposition. If the court grants the deferral and the defendant successfully completes probation, the charge can be dismissed. Expungement of a petit larceny arrest record is available under Va. Code § 19.2-392.2 when the charge results in an acquittal, a nolle prosequi, or a dismissal. A conviction generally cannot be expunged. Early engagement of counsel is important because potential defenses and procedural options are often strongest at the initial stages of the proceeding.

How Mr. Sris and His Of Counsel Handle Petit Larceny Defense Cases

When a person contacts Law Offices Of SRIS, P.C. regarding a petit larceny charge, the first step is a consultation to understand the factual circumstances and the evidence the Commonwealth intends to present. Mr. Sris, a former prosecutor, applies his knowledge of prosecution strategy to assess the case from both sides. The Of Counsel team, which includes attorneys with law-enforcement and prosecutorial backgrounds, assists in identifying weaknesses in the government’s case—such as issues with identification, valuation of the allegedly stolen property, or the lawfulness of a search.

The defense may involve negotiating with the Commonwealth’s Attorney for a reduction to a lesser charge or participation in a first-offender program under Va. Code § 19.2-303.2. If a trial is necessary, the firm prepares thoroughly for both General District Court and, if appealed, Circuit Court proceedings. Throughout the process, the client is advised of the potential immigration, employment, and professional licensing consequences of a conviction so they can make informed decisions. Every case is managed with attention to the specific procedures and expectations of the Fairfax County courts, where the firm has appeared for many years.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor who has concentrated his career on criminal defense and family law. In 2019, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of HB 635 (chief patron Del. David Bulova). His team includes Of Counsel attorneys who bring additional practical experience—including former prosecution and law-enforcement backgrounds—to the firm’s work. Together, Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience. Results may vary.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Reviewed by Mr. Sris, Owner and Founder. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Practicing since 1997.

Frequently Asked Questions

What is the penalty for petit larceny in Fairfax County, Virginia?

A conviction for petit larceny in Fairfax County is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. The offense is governed by Va. Code § 18.2-96 and applies when the value of the property taken is less than $1,000. The court may also impose probation, community service, and restitution. A permanent criminal record can affect employment, housing, and professional licenses. Because the maximum penalty includes incarceration, having experienced defense counsel is important. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can petit larceny charges be expunged in Fairfax County?

Yes, if the charge results in an acquittal, a nolle prosequi, or a dismissal; a conviction generally cannot be expunged. Under Va. Code § 19.2-392.2, a person may petition the Fairfax County Circuit Court to expunge police and court records related to the charge. Expungement removes the record from public view, but the process requires a showing that the continued existence of the record causes a manifest injustice. Early legal guidance can help preserve eligibility for expungement by pursuing a favorable disposition. Results may vary.

How does a lawyer defend against a petit larceny charge in Virginia?

Defense strategies may include challenging the evidence, examining the legality of a search or seizure, negotiating with the Commonwealth’s Attorney, and presenting mitigating circumstances. An experienced attorney evaluates whether the property value was accurately determined, whether the accused had lawful possession or a claim of right, and whether identification procedures were reliable. Procedural defenses, such as a violation of the right to a speedy trial, may also apply. Because each case is different, the specific approach depends on the facts. Mr. Sris and his Of Counsel work to build the strong $1 for each client.

What should I do if I am charged with petit larceny in Fairfax County?

Contact a criminal defense attorney immediately, avoid discussing the case with anyone other than your lawyer, and preserve any documents or evidence that may be relevant. What you say to law enforcement or post on social media can be used against you. Obtaining legal representation early allows your attorney to assess the evidence, communicate with the prosecutor, and explore pretrial resolutions, including first-offender programs under Va. Code § 19.2-303.2. Do not delay; the procedural timeline moves quickly once a warrant or summons is issued.

Do I need a lawyer for a petit larceny charge in Fairfax County?

You are not legally required to have a lawyer, but a conviction for petit larceny has serious long-term consequences that make legal representation strongly advisable. Even a first offense can result in jail time, a fine, and a permanent criminal record that may affect employment, professional licensing, and immigration status. An attorney can investigate the case, negotiate with the Commonwealth’s Attorney, and advocate for a dismissal, reduction, or deferred disposition. To request a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.

How does the court process work for a petit larceny case in Fairfax County?

After an arrest or summons, the case begins in the Fairfax County General District Court, where an arraignment is held, followed by a trial date if the matter is contested. The judge hears the evidence and decides guilt or innocence. If convicted, the court imposes sentence immediately or after a presentence report. The defendant may appeal the decision to the Fairfax County Circuit Court for a de novo trial before a jury. The firm represents clients at both court levels and guides them through each procedural step.

Additional resources: Virginia Code § 18.2-96 (petit larceny) · Fairfax County Circuit Court · Fairfax County General District Court.

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Results may vary.

Case results depend on a variety of factors unique to each case.