Petit Larceny Lawyer Fairfax, VA
A petit larceny charge in Fairfax, Virginia, arises when property with a value below $1,000 is taken. Under Va. Code § 18.2-96, the offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. The case is typically heard in the Fairfax County General District Court or the Fairfax City General District Court, depending on where the alleged incident occurred. A conviction can result in a permanent criminal record that affects employment, housing, and professional licenses. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to defending clients in Fairfax. Results may vary. The team includes a former prosecutor and a former Virginia State Trooper, providing hands-on insight into how the prosecution builds its case. Founded in 1997, the firm serves Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the surrounding communities. If you are facing a petit larceny charge, contact us at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Petit larceny in Virginia 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. View statute
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Petit Larceny Means in Fairfax, Virginia
Petit larceny is the taking of property valued at less than $1,000, without the use of force or threat. It is the most commonly charged theft offense in Virginia and is prosecuted as a Class 1 misdemeanor. In Fairfax, the case is brought by the Commonwealth’s Attorney and heard in the General District Court. The court is located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030 for Fairfax County matters, and at 10455 Armstrong Street, Room 101, Fairfax, VA 22030 for Fairfax City matters. Conviction carries the potential for jail time, a fine, and a lasting criminal record, but several post-arrest options exist under Virginia law.
First-time offenders may qualify for a deferred disposition under Va. Code § 19.2-303.2. This allows the court to place the defendant on probation, and upon successful completion, the charge is dismissed. For charges resolved without a conviction—such as those ending in a nolle prosequi or an acquittal—expungement may be available through the Fairfax County Circuit Court or Fairfax City Circuit Court under Va. Code § 19.2-392.2. The firm’s Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032, serves clients throughout Northern Virginia, including all the communities named above. Out-of-state drivers or visitors who are charged while passing through Fairfax can also rely on Mr. Sris and his Of Counsel to appear on their behalf.
How Mr. Sris and His Of Counsel Handle Petit Larceny Cases
Every petit larceny case begins with a thorough review of the Commonwealth’s evidence. Our team examines whether the property value was accurately assessed—a critical factor because crossing the $1,000 threshold changes the charge to grand larceny, a felony. We also evaluate whether law enforcement followed proper procedures during the stop, search, and seizure, and whether the intent to permanently deprive the owner of the property can be proven. Because Mr. Sris is a former prosecutor, and the team includes an attorney with 15 years of prior service as a Virginia State Trooper, we approach the case with an insider’s understanding of both the prosecution’s strategy and the law enforcement investigation that precedes it.
We work to negotiate with the Commonwealth’s Attorney for a reduction or dismissal where the facts support it. If a plea is in our client’s best interest, we explore first-offender programs, restitution arrangements, and charge amendments. When trial is the right path, we prepare a sharp defense for the General District Court, knowing that a conviction can be appealed de novo to the Circuit Court for a new trial. Throughout the process, we explain the procedural steps, the potential outcomes, and the long-term consequences of any decision. Our goal is to pursue a resolution that minimizes the impact on your record and your future. To discuss your case, call (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor who has practiced criminal defense for more than two decades and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes a former Virginia State Trooper who served 15 years in law enforcement, as well as other attorneys with extensive backgrounds in criminal litigation. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the difference between petit larceny and grand larceny in Virginia?
Petit larceny is the theft of property valued below $1,000, while grand larceny involves property valued at $1,000 or more, or a theft directly from a person of $5 or more. Grand larceny is a felony, carrying a possible prison sentence of one to twenty years, or up to twelve months in jail at the discretion of a jury. Petit larceny is a Class 1 misdemeanor. The value threshold is set by Va. Code §§ 18.2-95 and 18.2-96. An experienced defense attorney will closely examine the valuation evidence because an inaccurate estimate can mean the difference between a misdemeanor and a felony charge.
What are the penalties for petit larceny in Fairfax?
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. In Fairfax, the judge has discretion to impose a suspended jail sentence, probation, community service, or restitution. A conviction also creates a permanent criminal record that can be accessed by employers, landlords, and licensing agencies. First-time offenders may be able to avoid a conviction through a deferred disposition program under Va. Code § 19.2-303.2. Because the consequences extend well beyond the courtroom, it is important to have counsel who can explain all available options.
Can a petit larceny charge be dismissed or expunged in Fairfax?
Yes, a petit larceny charge can be dismissed by the court, and if it is resolved without a conviction—such as by a nolle prosequi or an acquittal—the record may be expunged under Va. Code § 19.2-392.2. Expungement removes the police and court records from public view. First-time offenders who complete a deferred disposition program may also earn a dismissal, which then allows them to seek expungement. Convictions, however, generally cannot be expunged. Because the process involves filing a petition in the Circuit Court, it is wise to work with an attorney who understands both the criminal and post-conviction procedures in Fairfax.
Do I need a lawyer for a petit larceny charge in Fairfax?
You are not legally required to hire a lawyer, but defending a petit larceny charge without one puts you at a significant disadvantage. The Commonwealth’s Attorney is an experienced prosecutor; appearing pro se means you face that prosecutor alone. An attorney can challenge the valuation of the property, argue for a first-offender program, negotiate with the prosecutor, and present mitigating circumstances to the judge. Even a misdemeanor conviction can affect employment, security clearances, and immigration status. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am charged with petit larceny in Fairfax?
If you are charged, remain polite with law enforcement, do not discuss the facts of the case with anyone except your attorney, and request a consultation with a defense lawyer as soon as possible. Preserve any receipts, documents, or communications that may relate to the alleged incident. Avoid posting about the charge on social media, as prosecutors may review that material. The court will set an arraignment date; having counsel in place before that hearing can help you understand the charges, explore bond conditions, and begin building a defense. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the first offender program work for petit larceny in Fairfax?
Under Va. Code § 19.2-303.2, a first-time offender charged with petit larceny may be placed on probation by the court without entering a conviction. Conditions typically include restitution to the alleged victim, community service, good behavior, and reporting to a probation officer. If all conditions are successfully completed within the time set by the court, the charge is dismissed. This program is not automatic; the court must approve it, and the Commonwealth’s Attorney may object. An attorney can present the request and demonstrate why the defendant is a suitable candidate. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Primary Legal Sources:
Virginia Code Title 18.2 (Crimes and Offenses) ·
Fairfax County General District Court ·
Va. Code § 19.2-392.2 (Expungement)
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