Understanding Theft Charges in Fairfax: Grand vs. Petit Larceny

Virginia law bifurcates theft, legally termed “larceny,” into two main categories: Grand Larceny and Petit Larceny. The distinction hinges almost entirely on the value of the goods or services allegedly stolen. Grand Larceny, a felony under Virginia Code § 18.2-95, involves theft of items valued at $1,000 or more, or any firearm. Petit Larceny, a Class 1 misdemeanor under § 18.2-96, involves items valued at less than $1,000.

This valuation is a critical battleground in any theft case. The Commonwealth’s Attorney bears the burden of proving, beyond a reasonable doubt, that the value of the item meets the statutory threshold for the charge they have brought. For a retail item, the value is its market price. For other goods, it can be more subjective, sometimes requiring appraisals or expert testimony. The difference between a valuation of $999 and $1,001 is the difference between a misdemeanor with a maximum of 12 months in jail and a felony that carries a potential sentence of up to 20 years in a state penitentiary.

Grand Larceny: The Felony Threshold (Va. Code § 18.2-95)

Grand Larceny is the more serious of the two offenses. Under Virginia law, you can be charged with this felony if you:

• Commit larceny from the person of another of money or other things of value of $5 or more. (e.g., pickpocketing)
• Commit simple larceny, not from the person of another, of goods and chattels of the value of $1,000 or more.
• Commit simple larceny, not from the person of another, of any firearm, regardless of its value.

A conviction for Grand Larceny is life-altering. As a convicted felon, you would lose fundamental civil rights, including the right to vote, serve on a jury, and possess a firearm. The professional and personal consequences are devastating. It creates an almost insurmountable obstacle to passing background checks for employment, housing, and obtaining professional licenses. The stakes could not be higher.

Petit Larceny: The Misdemeanor Charge (Va. Code § 18.2-96)

Petit Larceny, while less severe than its felony counterpart, is still a serious Class 1 misdemeanor. This charge applies to the theft of goods or services valued at less than $1,000. It carries penalties of up to 12 months in jail and/or a fine of up to $2,500. While it is not a felony, a conviction for Petit Larceny is still a crime of moral turpitude—a crime involving dishonesty. This designation can have significant negative consequences, particularly for non-citizens whose immigration status may be jeopardized, and for professionals whose careers depend on a clean record and a perception of trustworthiness.

Related Offenses: Shoplifting and Embezzlement

Beyond simple larceny, Virginia law addresses specific types of theft. Shoplifting, legally referred to as “concealment of merchandise” under Virginia Code § 18.2-103, is a common charge. The law allows for an inference of intent to steal if a person conceals merchandise while still in the store. The penalties for concealment mirror those for larceny—the charge is a misdemeanor or felony depending on the value of the concealed goods.

Embezzlement (Va. Code § 18.2-111) is another form of theft, but it involves the fraudulent taking of property by someone who was entrusted with it, such as an employee, a trustee, or a corporate officer. Like other forms of larceny, the penalties are graded based on the value of the property embezzled.

The Fairfax Legal Process for a Theft Accusation: From Arrest to Trial

The legal process for a theft charge in Fairfax County is a structured, often intimidating, series of events that begins with an arrest or summons and proceeds through the court system. Cases typically start in the Fairfax County General District Court for arraignment and preliminary hearings. Misdemeanors are resolved there, while felony cases, if probable cause is found, are certified to the Circuit Court for indictment by a grand jury and eventual trial.

Navigating this process requires a clear understanding of each stage and the roles of the key players. From the initial interaction with the Fairfax County Police Department to the final negotiations with the Office of the Commonwealth’s Attorney for Fairfax County, every step has procedural rules and strategic implications. An experienced attorney acts as your guide and advocate, ensuring your rights are protected and your case is presented in the most favorable light possible.

The Initial Stages: Arrest, Summons, and Arraignment

A theft case begins either with a physical arrest or the issuance of a Virginia Uniform Summons. If arrested, you will be taken before a magistrate who will determine the conditions of your pretrial release, which may include posting a bond. Your first court appearance is the arraignment, held in the Fairfax County General District Court. Here, the judge will formally read the charges against you and you will enter a plea of not guilty, guilty, or no contest. It is almost always advisable to plead not guilty at this stage to preserve all of your legal rights and defenses.

The Role of the Key Agencies and Courts

• Fairfax County Police Department: This is the primary law enforcement agency that investigates the alleged theft, gathers evidence (like surveillance video and witness statements), and files the initial charges.
• Fairfax County General District Court: This is the court where all misdemeanor theft cases are tried. For felony charges, this court holds a preliminary hearing to determine if there is enough probable cause to send the case to the next level.
• Office of the Commonwealth’s Attorney for Fairfax County: This office represents the government and is responsible for prosecuting the case. An Assistant Commonwealth’s Attorney will be assigned to your case, and they have the authority to negotiate plea agreements or take the case to trial.
• Fairfax County Circuit Court: If you are charged with a felony and the General District Court finds probable cause, your case moves to the Circuit Court. A grand jury will first decide whether to issue a formal indictment. If they do, all further proceedings, including a potential jury trial, will occur in this court.

Discovery, Motions, and Negotiation

After the arraignment, your defense attorney will file for “discovery.” This is a formal request to the Commonwealth’s Attorney for all the evidence they have against you. This includes police reports, witness lists, loss prevention statements, video evidence, and any statements you may have made. Reviewing this evidence is crucial for identifying weaknesses in the prosecutor’s case.

Based on the discovery, your attorney may file pretrial motions. For example, a motion to suppress evidence could be filed if the evidence was obtained in violation of your constitutional rights. A motion to dismiss could be filed if the evidence is legally insufficient to support the charge.

Throughout this period, negotiations with the prosecutor are often ongoing. A seasoned larceny lawyer can present mitigating factors and legal arguments to persuade the prosecutor to reduce the charge (e.g., from a felony to a misdemeanor) or even agree to a dismissal, sometimes in exchange for community service, restitution, or completion of an anti-theft class.

Trial: Bench or Jury

If a plea agreement cannot be reached, your case will proceed to trial. In the General District Court (for misdemeanors), this will be a bench trial, where a judge hears the evidence and decides your guilt or innocence. In the Circuit Court (for felonies), you have the right to a jury trial, where a jury of your peers will be the decider of fact. The decision to have a bench trial or a jury trial is a critical strategic choice made in consultation with your attorney.

Strategic Defense Approaches for Virginia Larceny Charges

A successful defense against a larceny charge in Fairfax requires a meticulous deconstruction of the Commonwealth’s case. Effective strategies often focus on challenging the two core elements the prosecutor must prove: the act of taking and the criminal intent (mens rea). Defenses can include asserting a claim of right to the property, questioning the valuation of the goods to reduce a felony to a misdemeanor, or demonstrating a complete lack of intent to steal.

From my years of experience, I know that an accusation is not proof. The prosecution’s narrative is often built on assumptions and incomplete evidence. Our job is to expose the gaps, question the assumptions, and present an alternative narrative grounded in facts and law. Every case is unique, but the foundational principles of a strong defense remain constant: challenge everything, concede nothing, and hold the Commonwealth to its high burden of proof.

Challenging the Element of Intent

Perhaps the most powerful defense in a theft case is the lack of intent. Larceny is a specific intent crime. This means the prosecutor must prove, beyond a reasonable doubt, that you intended to permanently deprive the owner of their property. If we can introduce reasonable doubt about your intent, the charge cannot stand.

Examples of this defense include:

• Mistake or Inadvertence: You may have absentmindedly walked out of a store with an item in your cart or pocket. This is particularly common with the rise of self-checkout lanes where scanning errors can easily occur.
• Borrowing vs. Stealing: If you can establish that you only intended to borrow the item and had a genuine plan to return it, this can negate the element of permanent deprivation.
• Intoxication: In rare cases, voluntary intoxication can be so severe that it prevents a person from forming the specific intent to steal, which could serve as a defense.

Questioning Ownership and “Claim of Right”

Another strong defense is the “claim of right.” If you had a good-faith belief that the property you took actually belonged to you, you cannot be guilty of larceny. Even if your belief was mistaken, as long as it was a genuine and reasonable belief, it negates the criminal intent. This defense can be particularly relevant in disputes between former partners, roommates, or business associates where ownership of property is ambiguous.

Attacking the Valuation of the Property

As discussed, the line between a misdemeanor and a felony is the $1,000 threshold. For the prosecution, proving value is not always straightforward. For a defense attorney, this is a prime area to challenge. We can argue that the alleged value is inflated. The proper measure is the fair market value at the time and place of the theft, not the original retail price. For used goods, this value can be significantly lower. By successfully challenging the valuation and getting it below the felony threshold, we can dramatically reduce a client’s potential exposure to severe penalties.

Procedural and Constitutional Defenses

Beyond challenging the facts of the case, we always examine the actions of law enforcement. Were your constitutional rights violated? Was there an illegal search and seizure that produced the evidence against you? Did the police fail to read you your Miranda rights before a custodial interrogation? If we find constitutional violations, we can file a motion to suppress the illegally obtained evidence. If the motion is granted, the prosecutor’s case may fall apart completely.

The SRIS Larceny Charge Defense Checklist

Facing a theft charge is overwhelming. It’s easy to forget crucial details in the ensuing stress. This checklist is a practical tool designed to help you organize your thoughts and gather essential information immediately following an incident. By documenting these details while they are fresh, you provide your legal counsel with the foundational elements needed to begin building a robust defense. This is not legal advice, but a preparatory guide.

Common Mistakes to Avoid When Facing a Theft Allegation in Fairfax

When confronted with a theft allegation, an individual’s immediate actions and reactions can significantly impact the outcome of their case. The most damaging mistakes often occur in the first 48 hours, usually before legal counsel is involved. These include talking to law enforcement without an attorney, attempting to “fix” the situation by contacting the alleged victim, and destroying potential evidence out of panic.

In my two decades of practice, I have seen well-meaning people inadvertently make their situations far worse by acting on impulse or bad advice. The legal system has a specific set of rules, and failing to understand them can lead to missteps with lasting consequences. Avoiding these common pitfalls is the first step toward a more favorable resolution.

1. Talking to the Police or Loss Prevention. This is the most critical mistake. Police officers and store security are trained to elicit incriminating statements. You may think you are explaining your innocence, but your words can be twisted and used against you. You have a right to remain silent. Use it. Politely state, “I wish to remain silent and I would like to speak with an attorney.”
2. Trying to “Make it Right” on Your Own. After a shoplifting accusation, some people are tempted to go back to the store to pay for the item and apologize. While the instinct is understandable, this action can be interpreted as a direct admission of guilt. Do not contact the alleged victim or store management. All communication should be handled by your lawyer.
3. Posting About the Incident on Social Media. Never discuss your case online. Social media is not private. Prosecutors can and will subpoena your posts, messages, and photos. A single ill-advised post can be used as evidence of your state of mind or as a confession.
4. Ignoring the Court Date. Failing to appear in court on your scheduled date will result in a “capias,” which is a bench warrant for your arrest. It also adds a new criminal charge of Failure to Appear. This complicates your case significantly and signals to the judge that you do not take the proceedings seriously.
5. Waiting Too Long to Hire a Knowledgeable Attorney. Evidence disappears. Surveillance footage gets erased (often within days), witnesses’ memories fade, and strategic opportunities are lost. The earlier a seasoned theft attorney gets involved, the better their ability to preserve evidence, interview witnesses, and begin negotiations with the prosecutor from a position of strength.
6. Believing a Misdemeanor Isn’t Serious. Some people dismiss a Petit Larceny charge as “just a misdemeanor.” This is a grave error. A conviction for any theft crime is a crime of moral turpitude that can have lifelong consequences for your career, immigration status, and reputation. It must be fought with the same vigor as a felony.

Glossary of Key Legal Terms

Larceny

The legal term in Virginia for theft. It is the wrongful or fraudulent taking of another person’s property without their permission, with the intent to permanently deprive them of it.

Mens Rea

A Latin term meaning “guilty mind.” It refers to the mental state or intent required to be convicted of a crime. For larceny, the specific mens rea is the intent to permanently deprive the owner of their property.

Commonwealth’s Attorney

The elected official in a Virginia county or city responsible for prosecuting criminal cases on behalf of the government (the “Commonwealth”).

Nolle Prosequi

A Latin term meaning “will not prosecute.” It is a formal entry on the record by the prosecutor declaring that they will no longer pursue the case, either because of insufficient evidence or other strategic reasons. It is a dismissal of the charges, but under certain circumstances, they can be brought again later.

Discovery

The formal pre-trial process where the defense and prosecution exchange information and evidence relevant to the case. This includes police reports, witness statements, and video footage.

Probable Cause

A legal standard required for police to make an arrest or for a case to move forward. In a preliminary hearing for a felony, a judge determines if there is enough evidence to create a reasonable belief that a crime was committed and the defendant committed it.

Restitution

A monetary payment ordered by the court to be paid to the victim of a crime to compensate for financial losses resulting from the offense.

Common Scenarios & Questions

Scenario 1: The Self-Checkout Mistake

“I was at a big box store in Fairfax using the self-checkout. I was in a hurry and had a full cart. A week later, I got a call from a police officer saying they have me on video failing to scan about $150 worth of items and that I need to come in for questioning. I honestly just made a mistake. What should I do?”

Veteran Perspective: This is an incredibly common scenario. Your first and most important step is to not speak with the police. Politely decline to answer any questions or go to the station without an attorney. The prosecution must prove you had the intent to steal, and a busy, chaotic checkout experience can be a strong defense against that intent. We would immediately contact the detective on your behalf, prevent you from making any statements, and begin the process of obtaining the video to see exactly what it shows. The goal would be to demonstrate this was an accident, not a criminal act, and seek a dismissal before charges are even formally filed.

Scenario 2: Accusation by a Former Roommate

“My roommate and I had a bad falling out, and I moved out. I took a TV that I believed was mine because I paid for half of it. Now he’s filed a police report and I’m being charged with grand larceny because the TV was new and cost $1,200. I never meant to steal it.”

Veteran Perspective: This is a classic “claim of right” situation. The core of the case is not the taking of the TV, but your genuine, good-faith belief that you had a right to it. The criminal court is not the proper venue for resolving civil property disputes. We would gather evidence of your contribution to the purchase (bank statements, texts about it) to establish your belief in your ownership. The strategy would be to present this evidence to the Commonwealth’s Attorney to show the lack of criminal intent, arguing that this is a civil matter, not a felony, and that the charges should be dropped.

Scenario 3: A Teenager’s Shoplifting Charge

“My 17-year-old son was caught shoplifting a video game worth $70 at the mall. He’s never been in trouble before. He has a court date in the Fairfax Juvenile and Domestic Relations District Court. We are terrified this will ruin his college applications. What happens now?”

Veteran Perspective: A juvenile charge is handled differently and with a greater focus on rehabilitation. However, it is still very serious. The goal here is to protect your son’s future. For a first-time offense, it is often possible to negotiate a resolution that avoids a formal finding of guilt. This might involve a “first offender program” where your son completes community service, an anti-theft class, and a period of good behavior. Upon successful completion, the charge is often dismissed. The key is to act proactively, present your son as the good student he is, and show the court this was an isolated mistake, not a pattern of behavior.

Frequently Asked Questions

1. What is the real difference between theft, larceny, and robbery?
In Virginia, “larceny” is the legal term for “theft.” They are interchangeable. “Robbery” is a completely different and more serious crime. Robbery is theft accomplished through the use of force, violence, or intimidation against a person. Larceny is theft without force.

2. Can I be charged with larceny even if I never left the store with the item?
Yes. Under Virginia’s concealment statute (Va. Code § 18.2-103), the act of willfully concealing or hiding merchandise while still inside the store is sufficient evidence to infer the intent to steal, and you can be charged.

3. Will a larceny charge show up on a background check?
Yes. From the moment you are charged, the record of the arrest and charge exists. If you are convicted, it will be a permanent part of your criminal record, visible on almost all standard background checks. This makes it crucial to seek a dismissal or an expungement if possible.

4. What if I return the stolen property? Will the charges be dropped?
Not automatically. Returning the property and paying restitution is a positive step and can be used as a mitigating factor in negotiations or sentencing. However, the crime was completed the moment the property was taken with intent to steal. Returning it does not erase the offense, but it can be a key part of resolving the case favorably.

5. I was just given a summons, not arrested. Is this serious?
Absolutely. A summons is simply a different way of compelling you to appear in court. You are still being formally charged with a crime. The charge itself and the potential penalties are exactly the same whether you are arrested or given a summons.

6. What is a “crime of moral turpitude” and why does it matter?
A crime of moral turpitude is an offense that involves dishonesty, fraud, or depravity. Theft is a classic example. This designation matters immensely because convictions for these crimes can have severe collateral consequences, including deportation for non-citizens, denial of professional licenses (for doctors, lawyers, nurses, etc.), and loss of security clearances.

7. Can a felony Grand Larceny charge be reduced to a misdemeanor?
Yes, this is a primary goal in many felony theft cases. A charge can be reduced through negotiation with the prosecutor, often by challenging the valuation of the item, presenting strong mitigating evidence about the defendant’s character, or highlighting weaknesses in the prosecution’s case.

8. What is the statute of limitations for theft in Virginia?
For most misdemeanor theft charges, the statute of limitations is one year from the date of the offense. For felony charges, there is generally no statute of limitations in Virginia.

9. Do I really need a theft attorney for a first-offense petit larceny charge?
It is highly advisable. The consequences of a conviction, even for a first offense, are significant. An experienced attorney may be able to negotiate a dismissal through a first offender program or other diversionary agreement, which can protect your record in a way that would be very difficult to achieve on your own.

10. What if the store’s Loss Prevention officer used force or detained me for a long time?
Merchants have a limited legal privilege to detain a person they have probable cause to believe is shoplifting. However, this detention must be reasonable in manner and duration. If they used excessive force or detained you for an unreasonable length of time, it could be grounds for a civil lawsuit and may be a factor your criminal defense attorney can use in your case.

11. Can my case be expunged?
In Virginia, you can only expunge a criminal charge if it was dismissed or you were found not guilty. You cannot expunge a conviction. This is why it is so critical to fight the charge from the outset to achieve a dismissible outcome.

12. What evidence is most commonly used in shoplifting cases?
The most common evidence includes store surveillance video, testimony from Loss Prevention officers or other employees, and any statements you made during the incident.

13. How does Fairfax County treat first-time offenders?
While every case is different, Fairfax prosecutors and judges may be open to alternative resolutions for genuine first-time offenders, especially for lower-level misdemeanor theft. This can include diversion programs, community service in lieu of a conviction, or an agreement to dismiss the charge after a period of good behavior.

14. If I pay a civil demand letter from the store, does that mean the criminal case goes away?
No. This is a very important distinction. Retailers are legally allowed to send a civil demand letter for damages, separate from the criminal case. Paying this civil demand has no bearing on the criminal charges filed by the Commonwealth. Do not assume paying it resolves your legal troubles; it does not.

15. My friend was with me but didn’t take anything. Can they be charged?
Yes, under a theory of “principal in the second degree” or “accessory.” If the prosecutor believes your friend was aiding, abetting, or encouraging you in the commission of the theft, they can also be charged with the same crime.