Petit Larceny Defense Lawyer Fairfax, VA
You were shopping at a retail store in Fairfax when you were stopped by loss prevention. They escorted you to a back room, called a Fairfax County police officer, and now you have a court date at the Fairfax County General District Courthouse on Chain Bridge Road. If the value of the item is alleged to be less than $1,000, you are facing a petit larceny charge under Virginia Code § 18.2-96 — a Class 1 misdemeanor that can carry up to 12 months in jail and a $2,500 fine. A conviction can follow you far beyond the courtroom: it appears on background checks for jobs, housing applications, professional licenses, and even immigration matters. Don’t wait until the day before your hearing. Reach Mr. Sris and his Of Counsel at (888) 437‑7747 to discuss your situation and your options. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How We Defend Petit Larceny Charges in Fairfax
At Law Offices Of SRIS, P.C., defending a petit larceny accusation starts with a complete review of the evidence the Commonwealth intends to use. Shoplifting cases often hinge on video footage, witness statements, and the alleged value of the merchandise. If the security camera footage is unclear, the store employee’s account is inconsistent, or the chain of custody for recovered items is incomplete, those weaknesses can be challenged in the General District Court. Mr. Sris and his Of Counsel team bring more than 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Because many people charged with petit larceny have no prior criminal history, we also explore alternatives to a permanent record. In Fairfax County, Virginia Code § 19.2‑303.2 allows for first‑offender deferred disposition in some property–crime cases. If you complete all court‑ordered conditions, the charge can be dismissed — but eligibility depends entirely on the facts of your case. Our job is to present the strong $1 for that outcome while preparing your defense for trial if necessary.
What to Expect at the Fairfax County Courthouse
Petit larceny cases in Fairfax County are heard at the General District Court, located at 4110 Chain Bridge Road, Fairfax, VA 22030. Your first appearance is typically an arraignment where the judge advises you of the charge and you enter a plea. If you plead not guilty, a trial date is set. The Fairfax County Commonwealth’s Attorney prosecutes the case; a police officer may or may not testify. Because the General District Court does not hold jury trials, your case will be decided by a judge based on the evidence presented.
If you are convicted in the General District Court, you have an automatic right to appeal — a de novo appeal to the Fairfax County Circuit Court. That means the case starts fresh, and you can request a jury trial at that stage. We represent clients at both levels and can advise you on whether an appeal makes sense in your particular situation. The timeline varies depending on the complexity of the case and the court’s calendar.
Penalties for Petit Larceny Under Virginia Law
Under Virginia Code § 18.2‑96, petit larceny is a Class 1 misdemeanor when the value of the property taken is less than $1,000. The maximum sentence is 12 months in jail and a $2,500 fine. Even if incarceration is not imposed, a conviction results in a permanent criminal record that cannot be expunged under current Virginia law except in very limited circumstances — typically only when the charge is dismissed or the accused is acquitted. That means your record is at stake even if you are offered a light sentence.
Collateral consequences can be just as serious. A theft conviction can appear on an employment background check, affect a security clearance or a professional license, and, if you are not a United States citizen, it may carry immigration consequences of its own. In light of those high stakes, a thorough defense is essential. Mr. Sris and his Of Counsel team work to challenge the prosecution’s evidence at every stage.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He has been practicing since 1997 and is a former prosecutor — a background that gives him a distinct perspective on how the Commonwealth builds a theft case. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Working alongside Mr. Sris is a team of Of Counsel attorneys with substantial courtroom experience. The collective knowledge of the team includes firsthand insight from a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, each of whom brings a unique understanding of how investigations and prosecutions are conducted. Law Offices Of SRIS, P.C. is by appointment only; reach our Fairfax location at (888) 437‑7747 to request a consultation.
Frequently Asked Questions
What is the penalty for petit larceny in Fairfax County, Virginia?
Petit larceny in Fairfax County is a Class 1 misdemeanor under Va. Code § 18.2‑96, carrying up to 12 months in jail and a $2,500 fine. Beyond the sentence, a conviction creates a permanent criminal record that is generally not eligible for expungement unless the charge is dismissed or you are acquitted. The consequences can follow you into employment, housing, and professional licensing. Because the stakes are significant, you should have an attorney review the evidence against you before your first court date.
How does a Fairfax petit larceny defense lawyer fight the charge?
A defense lawyer challenges the Commonwealth’s evidence and explores alternatives to a conviction. Typical defense strategies include scrutinizing whether the store’s video footage clearly shows a theft, whether loss‑prevention personnel followed proper procedure, and whether the alleged value of the merchandise crosses the $1,000 line that separates petit larceny from a felony. If the evidence is weak, the attorney can negotiate for a reduction or even a dismissal. In some first‑offender situations, deferred disposition under Va. Code § 19.2‑303.2 may be available, allowing the charge to be dismissed after a probationary period.
Do I need a lawyer for a petit larceny charge in Fairfax County?
Yes, because a petit larceny conviction can have long‑lasting consequences beyond a fine or jail time. Even a seemingly minor shoplifting charge results in a permanent record that can affect your career, security clearance, or immigration status. An experienced attorney can identify procedural errors, negotiate with the prosecutor, and present mitigating circumstances to the judge — things that are extremely difficult to do on your own. Before you say anything about your case, speak with a lawyer.
Can a petit larceny charge be expunged in Virginia?
Under current Virginia law, petit larceny convictions cannot be expunged; expungement is generally available only when the charge is dismissed or the accused is acquitted. That makes it critical to fight the charge from the beginning rather than simply plead guilty. If you receive a deferred disposition under Va. Code § 19.2‑303.2 and successfully complete all conditions, the charge is dismissed and you can then petition for expungement. The process is technical, and strict deadlines apply, so you should have a lawyer handle it from the start.
Will I go to jail for a first‑offense petit larceny?
Active jail time is not automatic for a first‑offense petit larceny, but it remains a possibility. Fairfax County judges consider factors such as the value of the property, whether the alleged act appeared planned, and any prior criminal record. Many first‑offenders receive a suspended jail sentence, probation, community service, or a fine. However, the outcome in a given case depends on the specific facts and the skill of the defense presented. A knowledgeable attorney can present your side of the story and argue for the least damaging resolution.
What should I bring to a consultation with a Fairfax petit larceny lawyer?
Bring the summons or warrant, any paperwork you received from the store or law enforcement, and a list of your own questions. If you have the arrest warrant, your attorney can determine the exact statute you are charged under, the alleged value of the merchandise, and any other offenses listed. That information shapes the defense strategy immediately. Also write down anything you remember about the incident — where you were stopped, who you spoke with, what was said — so your lawyer can evaluate the case accurately. To schedule a consultation with Mr. Sris and his Of Counsel, call (888) 437‑7747.
Additional Criminal Defense Services in Northern Virginia
We also represent clients in nearby courts and on related charges. Visit these pages for more information:
Virginia Primary Sources
For additional reference, you may consult these official Virginia resources (links open in a new tab):
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Results may vary.
Law Offices Of SRIS, P.C. is located at 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only. Schedule a consultation by calling (888) 437‑7747.
Case results depend on a variety of factors unique to each case.
