Petit Larceny Lawyer Virginia, VA
You’re at a department store in Tysons Corner, or maybe a pharmacy in Richmond. A security guard stops you and accuses you of shoplifting an item worth less than a few hundred dollars. A police officer arrives and hands you a summons — you’re now facing a petit larceny charge under Virginia law. In that moment, the legal language doesn’t matter as much as the immediate question: what happens next, and who can help? Law Offices Of SRIS, P.C. represents clients across Virginia in misdemeanor theft matters, and we understand how a single charge can affect your job, your record, and your future. Mr. Sris, a former prosecutor, founded this firm in 1997; he and his Of Counsel have extensive combined legal experience in Virginia’s criminal courts. If you or a family member has been charged with petit larceny in Virginia, reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 18.2-96, petit larceny is a Class 1 misdemeanor offense, punishable by up to 12 months in jail and a fine, when the value of the property taken is less than $1,000.
Source: Va. Code § 18.2-96. Virginia Code Title 18.2, Chapter 5, Section 18.2-96
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Petit Larceny Means in Virginia
Virginia law distinguishes between petit larceny and grand larceny based on the value of the property taken. Under Va. Code § 18.2-96, theft of property worth less than $1,000 is petit larceny, a Class 1 misdemeanor. If the value is $1,000 or more, or if a firearm is stolen regardless of value, the charge becomes grand larceny — a felony. The threshold was raised to $1,000 in 2020, which moved many theft cases into the misdemeanor category, but a conviction still creates a permanent criminal record that can affect employment and housing opportunities.
Misdemeanor larceny cases in Virginia are generally heard in the General District Court of the city or county where the alleged offense occurred — from Fairfax County General District Court in the 19th Judicial District to the General District Court in smaller jurisdictions like Albemarle or Shenandoah. A person charged with petit larceny has the right to a trial, and if the General District Court judge renders a verdict, the defendant has an absolute right to appeal to the Circuit Court for a new trial. That de novo appeal is a significant procedural feature: it gives a second opportunity to present a defense, often with more time to prepare and potentially before a jury. Because each locality’s Commonwealth’s Attorney decides how to prosecute misdemeanors, the handling of a petit larceny case can differ from one jurisdiction to the next, even though the underlying statute is the same.
How Mr. Sris and His Of Counsel Handle Petit Larceny Cases
When a client comes to us with a petit larceny charge, the first step is evaluating the facts and the evidence the Commonwealth intends to use. Virginia courts do not permit plea bargaining in the same manner as many other states; the Commonwealth’s Attorney may agree to amend the charge or enter a nolle prosequi, but the judge is not bound by any plea agreement. Our approach therefore focuses on building a defense that challenges the prosecution’s case at its weakest points. We examine whether the store employee or loss-prevention officer followed proper procedures, whether any surveillance video actually shows the alleged conduct, whether the item was truly taken without permission, and whether there is a factual basis to contest the valuation of the property. In some cases, evidence gathered in a manner that violates the defendant’s rights may be subject to a motion to suppress.
Mr. Sris and his Of Counsel also explore pretrial diversion and first-offender alternatives that are available under Virginia law. For a defendant with no prior record, the court may agree to defer the proceedings and place the individual on probation under Va. Code § 19.2-303.2. Successful completion of the conditions — which may include community service, restitution, or a theft-awareness program — can result in dismissal of the charge. Where a dismissal or acquittal is obtained, the client may be eligible to petition the circuit court to expunge the arrest record under Va. Code § 19.2-392.2. Because these options are fact-specific and discretionary, we work to present the strong case for leniency at every stage of the proceeding.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who handles criminal defense matters throughout Virginia. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The Of Counsel attorneys who work alongside him bring extensive combined legal experience between Mr. Sris and his Of Counsel. Results may vary. Our firm was founded in 1997 and assists clients with misdemeanor and felony charges in General District Courts and Circuit Courts across the Commonwealth. Reach our firm at (888) 437-7747 to discuss your situation.
Frequently Asked Questions
What is the legal definition of petit larceny in Virginia?
Petit larceny in Virginia is defined as larceny of money or other property valued at less than $1,000, or larceny from the person of another in the amount of less than $5. The offense is set out in Va. Code § 18.2-96 and is classified as a Class 1 misdemeanor. It encompasses shoplifting, stealing from an employer, and many other forms of theft. A person charged with petit larceny faces the possibility of jail time, a fine, and a permanent criminal record if convicted.
Can I go to jail for a first-offense petit larceny in Virginia?
Yes, a first-offense petit larceny conviction can result in jail time of up to 12 months. While jail is not mandatory for a first offense, a judge may impose an active jail sentence depending on the circumstances. Many first offenders, however, are placed on probation or given a suspended sentence conditioned on good behavior. An experienced defense attorney can present mitigating factors to the court and argue for an alternative to incarceration.
Does Virginia allow for dismissal or expungement of a petit larceny charge?
Virginia law provides a mechanism to petition for expungement when a petit larceny charge is dismissed, nolle prossed, or ends in an acquittal. Under Va. Code § 19.2-392.2, the person charged may file a petition in the circuit court asking that the police and court records be sealed. A conviction generally cannot be expunged, but a first offender who successfully completes the deferred-disposition program under § 19.2-303.2 may have the charge dismissed, which then becomes eligible for expungement.
Do I need a lawyer if I am charged with petit larceny in Virginia?
You are not legally required to have an attorney, but the consequences of a petit larceny conviction make legal representation advisable. A misdemeanor conviction can result in a permanent criminal record, potential jail time, and collateral consequences for employment and professional licensing. An attorney can evaluate the evidence, identify procedural or constitutional issues, negotiate with the prosecutor for a reduced charge or dismissal, and present the strong $1 at trial. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does petit larceny differ from grand larceny under Virginia law?
The primary difference between petit larceny and grand larceny in Virginia is the value of the property taken: under $1,000 is petit larceny (misdemeanor), while $1,000 or more is grand larceny (felony). The theft of a firearm of any value also constitutes grand larceny. A grand larceny conviction carries a potential sentence of one to 20 years in prison or, at the discretion of a jury, up to 12 months in jail. Petit larceny is a Class 1 misdemeanor with a maximum sentence of 12 months in jail and a fine.
What should I do immediately after being charged with petit larceny in Virginia?
If you are charged with petit larceny, you should remain silent about the facts of the case, except to request an attorney, and then promptly contact a criminal defense lawyer. Do not discuss the allegations with loss-prevention personnel, store employees, or law enforcement without counsel present. Preserve any receipts, credit card statements, or other documents that may help show your innocence. Missing a court date can result in a separate charge of failure to appear, so keep track of all scheduled hearings. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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