Petit Larceny Defense Lawyer Fairfax County, VA

You were stopped by loss prevention at a department store in Tysons Corner Center and now face a petit larceny charge in Fairfax County General District Court. A conviction for a Class 1 misdemeanor under Virginia Code § 18.2-96 can carry up to 12 months in jail and a fine, along with a permanent criminal record that affects employment, housing, and professional licenses. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team defend individuals charged with petit larceny across Fairfax County—from Reston to Springfield, McLean to Centreville. Our Fairfax location is minutes from the courthouse at 4110 Chain Bridge Road. Call (888) 437-7747 to schedule a consultation and discuss your defense. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Defending Against a Petit Larceny Charge in Fairfax County

Petit larceny under Va. Code § 18.2-96 involves the taking of property valued at less than $1,000, or less than $5 from the person of another. The Commonwealth’s Attorney for Fairfax County prosecutes these offenses, and an experienced defense team scrutinizes the charge from several angles. Was there an actual taking, or was the item merely moved? Did the accused intend to permanently deprive the owner? Is the merchandise valuation inflated? Mr. Sris and his Of Counsel team evaluate police reports, surveillance footage, and witness statements to identify weaknesses in the prosecution’s case. Because petit larceny is a crime of moral turpitude, non-citizen defendants face potential immigration consequences, making thorough defense preparation particularly critical.

The Court Process at Fairfax County General District Court

Misdemeanor petit larceny cases are heard at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. The typical timeline from arraignment to trial is approximately 4 to 8 weeks, though the court’s calendar and case complexity influence the actual schedule. At the arraignment, the defendant enters a plea of not guilty, guilty, or no contest. Mr. Sris and his Of Counsel often appear at the first hearing to address bond conditions—a magistrate sets bond after arrest, and personal recognizance is common for first-offense misdemeanors. Secured bond is more typical for repeat offenses. The defense team then engages in discovery, negotiates with the prosecutor, and, if necessary, prepares for trial. 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. A favorable outcome may involve a dismissal, a reduction to a non-larceny offense, or placement in a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion.

Virginia Penalties for Petit Larceny

A petit larceny conviction is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine. Beyond the immediate sentence, a conviction creates a permanent criminal record that can restrict employment opportunities, professional licensing, and security clearances. For clients who are not U.S. Citizens, a larceny conviction may trigger removal proceedings or bars to immigration benefits. The court also has the discretion to impose probation, community service, or restitution. A first-time offender may be eligible for a deferred disposition; upon completing court-ordered conditions, the charge is dismissed and the record may later be eligible for expungement under Va. Code § 19.2-392.2. The defense team works to minimize or avoid these consequences through careful negotiation and, when necessary, trial advocacy.

About Mr. Sris and His Legal Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997 and is a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His legislative experience includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Supporting Mr. Sris is a team of Of Counsel attorneys who bring substantial courtroom experience, including a former Virginia State Trooper with insight into police procedures and a former prosecutor. Together, they bring over 120 years of combined legal experience and the firm has documented 4,739+ firm-wide results. Results may vary. In Fairfax County, the firm has documented 501 criminal case results with a 97% favorable outcome rate—336 dismissals or not‑guilty findings and 143 charge reductions.

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Frequently Asked Questions

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

A Class 1 misdemeanor petit larceny conviction in Fairfax County carries up to 12 months in jail and a fine. The charge is heard at the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210. In addition to possible incarceration, a conviction results in a permanent criminal record that can hinder employment, housing, and professional licensing. First-offense defendants may be eligible for a deferred disposition that leads to dismissal and eventual expungement. The court may also impose probation, community service, or restitution.

Can petit larceny charges be expunged in Fairfax County?

Virginia allows expungement of petit larceny charges that result in an acquittal, nolle prosequi, or dismissal under Va. Code § 19.2-392.2. A conviction cannot be expunged, but charges resolved through a deferred disposition or first-offender program that are ultimately dismissed may qualify. The petition is filed in Fairfax County Circuit Court. Because petit larceny is a crime involving moral turpitude, clearing the record can be especially important for employment, immigration, and security clearance purposes.

How does bail work for a petit larceny arrest in Fairfax County?

After arrest, a magistrate sets bail; for first-offense misdemeanors like petit larceny, personal recognizance—release without payment—is common in Fairfax County. The magistrate considers factors such as ties to the community, prior criminal history, and flight risk. A secured bond, requiring a bail bondsman to post a fee (typically about 10% of the bond amount), may be imposed for repeat offenses or if the magistrate finds a higher risk. The bond decision can be appealed to the Fairfax County General District Court at a subsequent hearing.

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

Yes; even a misdemeanor petit larceny conviction carries jail time, fines, and a permanent record that can affect immigration status, employment, and professional licenses. The Commonwealth’s Attorney prosecutes these cases vigorously, and the local court process involves procedural rules and evidentiary standards that are difficult to navigate without counsel. An experienced criminal defense attorney evaluates the evidence, negotiates with the prosecutor, and explores alternatives such as first-offender programs that may lead to a dismissal. Early legal representation increases the likelihood of a favorable outcome.

How does a Virginia lawyer defend against petit larceny charges in Fairfax County?

Defense strategies for petit larceny in Fairfax County may include challenging the valuation of the merchandise, contesting the intent element, scrutinizing witness identifications, and negotiating with the prosecutor for a reduction or dismissal. A former Virginia State Trooper on the defense team applies first-hand knowledge of police investigative techniques to identify procedural errors. If the evidence is strong, the attorney may pursue a deferred disposition under Va. Code § 19.2-303.2, which allows the charge to be dismissed after successful completion of court-ordered conditions. Each defense is tailored to the unique facts of the case.

Last reviewed: June 2026

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