Petit Larceny Defense Lawyer Virginia, VA

A charge of petit larceny in Virginia carries the possibility of jail time and a lasting criminal record. Under Virginia law, petit larceny is a Class 1 misdemeanor, meaning a conviction can result in up to twelve months in jail and a fine of up to $2,500. Because the consequences of a conviction extend beyond the courtroom—affecting employment, housing, professional licenses, and more—having experienced counsel is critical. Law Offices Of SRIS, P.C., founded in 1997, represents people facing petit larceny charges before General District Courts and Circuit Courts throughout the Commonwealth. Mr. Sris and his Of Counsel team bring extensive combined legal experience to defending theft-related allegations and work to achieve favorable outcomes for each client. To request a consultation, call (888) 437-7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Petit Larceny Means in Virginia

In Virginia, petit larceny is defined by Va. Code § 18.2-96. The offense occurs when a person takes property not from another’s person, or takes property of a value less than $1,000, that does not otherwise qualify as grand larceny. The $1,000 threshold was raised from a lower statutory amount in 2020. Petit larceny is treated as a Class 1 misdemeanor, the most serious level of misdemeanor in the Commonwealth. A conviction can expose a person to incarceration and significant collateral consequences, including a permanent entry on a criminal record.

Because petit larceny is a misdemeanor, initial proceedings take place in a General District Court—such as the Fairfax County General District Court, the Richmond General District Court, or the court for the locality where the alleged offense occurred. A defendant has an absolute right to appeal an adverse decision to the Circuit Court for a trial de novo. At the Circuit Court level, a defendant may request a jury trial. The Commonwealth’s Attorney’s office prosecutes these charges, and the procedural rules of the Virginia Supreme Court apply.

Virginia law also provides a first-offender program under Va. Code § 19.2-303.2 that may be available for certain misdemeanor property offenses, including petit larceny. Under that statute, the court may defer further proceedings and place the person on probation with conditions. If the person successfully completes the probationary terms, the charge is dismissed. This disposition can be an important goal in a defense strategy because it avoids a conviction and may later open a path to expungement under Va. Code § 19.2-392.2 for charges that end in a dismissal or nolle prosequi. Law Offices Of SRIS, P.C. Regularly evaluates whether a client qualifies for a first-offender program or another alternative disposition.

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

Defending against a petit larceny charge begins with a careful review of the prosecution’s evidence. Mr. Sris and his Of Counsel examine whether law enforcement lawfully obtained any alleged evidence, whether the value of the property truly falls below the $1,000 threshold, and whether every element of the offense can be proven beyond a reasonable doubt. In Virginia, the Commonwealth is required to prove that the defendant intended to permanently deprive the owner of the property. An absence of that intent, a claim of right, or a misunderstanding can all form the basis of a defense.

Where the evidence is strong, the focus shifts to negotiation with the Commonwealth’s Attorney. Virginia permits plea negotiations under Rule 3A:8 of the Rules of the Supreme Court of Virginia. In many cases, the goal is to secure a reduction to a lesser charge, a deferred disposition under § 19.2-303.2, or an outright dismissal. Mr. Sris and his Of Counsel draw on their extensive combined legal experience to analyze each case individually and to craft a thorough, well-prepared defense. Throughout the process, clients are advised of their options, the likely consequences, and the procedural steps ahead. To request a consultation, call (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with firsthand insight into how the Commonwealth builds its cases. He has practiced criminal defense since the firm was founded in 1997 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). Together with his Of Counsel team—attorneys engaged through Excella who are not firm employees—Mr. Sris brings extensive combined legal experience to every petit larceny defense matter. Results may vary.

The firm’s Virginia presence includes several locations, including a primary location in Fairfax. Clients from anywhere in the Commonwealth can reach the firm at (888) 437-7747. All consultations are by appointment. The team’s collective experience includes former law enforcement backgrounds, prosecution experience, and decades of trial work—assets that are applied to each petit larceny case the firm undertakes.

Frequently Asked Questions

What should I do if I am facing petit larceny charges in Virginia?

Contact a criminal defense attorney as soon as possible and avoid discussing the case with anyone else. Petit larceny is a Class 1 misdemeanor that can result in jail time, a fine, and a permanent criminal record. An experienced lawyer can review the evidence, advise you on whether a first-offender program or alternative disposition may apply, and represent you in the General District Court or Circuit Court. Early involvement by counsel often improves the range of possible outcomes. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I get a petit larceny charge dismissed in Virginia?

Yes, dismissals are possible, especially through the first-offender program or when the Commonwealth cannot prove its case. Under Va. Code § 19.2-303.2, the court may defer proceedings and place a qualifying defendant on probation with conditions. Upon successful completion, the court dismisses the charge. A dismissal avoids a conviction and preserves eligibility for expungement under Va. Code § 19.2-392.2. Law Offices Of SRIS, P.C. Evaluates each client’s eligibility for such dispositions early in the case.

What is the difference between petit larceny and grand larceny in Virginia?

Petit larceny involves property valued under $1,000 and is a Class 1 misdemeanor; grand larceny involves property valued at $1,000 or more and is a felony. Additionally, petit larceny from the person—taking property directly from another person where the item is valued at less than $5—is also covered under Va. Code § 18.2-96. Grand larceny, governed by Va. Code § 18.2-95, carries felony punishment of one to twenty years in prison. Distinguishing between the two charges often turns on the precise valuation of the property and how the taking occurred.

How long does a petit larceny conviction stay on my record in Virginia?

A petit larceny conviction remains on your criminal record permanently unless it is later expunged or sealed. Virginia does not automatically remove convictions after a set period. However, in 2021, Virginia enacted a record-sealing framework (§§ 19.2-392.5 through 19.2-392.16) with phased implementation that may eventually allow sealing of certain convictions. For charges that are dismissed or nolle prossed, an earlier petition for expungement under § 19.2-392.2 may be available. For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for a petit larceny charge if I plan to plead guilty?

Yes, even when you intend to plead guilty, an experienced lawyer can work to negotiate a charge amendment, a deferred disposition, or a sentence that minimizes the long‑term consequences. A guilty plea entered without counsel means you accept the maximum penalty the judge decides to impose. An experienced attorney can advocate for alternatives such as the first-offender program under § 19.2-303.2, which can lead to a dismissal, or seek a reduction of the charge to a lesser offense. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What happens if I appeal a petit larceny conviction in Virginia?

If you are convicted in a General District Court, you have an absolute right to appeal for a new trial in the Circuit Court. The appeal is a trial de novo, meaning the entire case is tried again before a different judge. You also gain the right to a jury trial at the Circuit Court level. The appeal must be noted within ten days of the General District Court conviction. During the appeal, the conviction is vacated and the case proceeds fresh. This procedural safeguard is a critical part of Virginia’s misdemeanor system and one that an experienced criminal defense attorney can use to craft a stronger defense.

For more information on criminal defense in specific Virginia localities, please visit:

• Fairfax County Criminal Lawyer
• Fairfax City Criminal Lawyer
• Falls Church Criminal Lawyer
• Prince William County Criminal Lawyer
• Manassas City Criminal Lawyer

Legal Resources (Virginia primary sources)
Virginia Code Title 18.2 (Crimes and Offenses)
Virginia Code Title 19.2 (Criminal Procedure)
Virginia’s Judicial System

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

Last reviewed: July 2026