Petit Larceny Lawyer Virginia, VA
You are standing in a department store security office, a store manager and a loss-prevention officer across from you, and on the table in front of them a receipt that does not match the items you just carried past the registers. Or your teenager has been given a summons at school for taking a classmate’s phone and now you are holding a piece of paper that says Commonwealth of Virginia v. Your Child — petit larceny. A conviction in Virginia for theft under $1,000 can bring jail time, fines, and a permanent criminal record that follows you into employment, housing, and professional licensing. For almost three decades, Law Offices Of SRIS, P.C. has represented people facing these exact charges across Virginia. Reach our location at (888) 437-7747 to request a consultation. 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 covers the taking of money or property valued at less than $1,000 — or less than $5 if taken directly from another person’s body — without the owner’s consent and with the intent to permanently deprive the owner of that property. Because Virginia sets the felony larceny threshold at $1,000 or more, a petit larceny charge is a Class 1 misdemeanor, not a felony. But the label “misdemeanor” should not mask the seriousness: a conviction carries up to 12 months in jail and a fine.
Virginia prosecutors treat petit larceny charges seriously, particularly when the alleged act occurs in a retail setting, a workplace, or a school. Even a first offense can lead to active incarceration, restitution orders, and a conviction that will appear on background checks unless the record is sealed or expunged. The Commonwealth’s Attorney has discretion to pursue the charge as written, to amend the charge, or to dismiss it. Understanding how that discretion operates in your specific court requires counsel who regularly appears in Virginia’s General District Courts and Circuit Courts. Mr. Sris and his Of Counsel handle petit larceny matters throughout the Commonwealth, from the Northern Virginia suburbs to the Shenandoah Valley and south to Richmond.
How Mr. Sris and His Of Counsel Handle Petit Larceny Cases
A petit larceny charge in Virginia typically begins with a summons or an arrest, followed by an arraignment in the General District Court of the city or county where the offense allegedly occurred. Because Virginia does not recognize “plea bargaining” in the same formal sense as many other states, the defense strategy often focuses on negotiating with the prosecutor to amend the charge to a lesser infraction, such as trespass, or to seek diversion and eventual dismissal through a first-offender program when available. Mr. Sris and his Of Counsel examine the evidence — the value of the property, the chain of custody, any alleged admissions, the presence or absence of surveillance video, and the credibility of witnesses — to identify factual and legal weaknesses that can be raised in court.
If the Commonwealth proceeds to trial, the matter may be heard in the General District Court unless the defendant exercises the right to appeal a conviction for a de novo trial in the Circuit Court. Mr. Sris and his Of Counsel prepare every case as though it will go to trial, even as they work to explore every avenue for a favorable pre-trial resolution. They have documented 4,739+ case results across all practice areas since 1997. Results may vary. The process is not about rushing to a plea; it is about building a defense that protects the client’s record and future.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia criminal courts since 1997. A former prosecutor, he understands the way the Commonwealth builds its cases and uses that insight to anticipate the prosecution’s moves. He 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). His Of Counsel team — experienced litigators engaged through Excella — brings additional trial experience and a collaborative approach to every petit larceny matter. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
Frequently Asked Questions
What is petit larceny in Virginia?
Petit larceny in Virginia is the unlawful taking of property valued at less than $1,000, or less than $5 if taken from a person. It is a Class 1 misdemeanor under Va. Code § 18.2-96. The offense includes shoplifting, stealing from an employer, taking a vehicle part, or any other act of theft where the value of the item is below the felony threshold. A conviction can result in up to 12 months in jail and a fine, plus a permanent criminal record.
Is petit larceny a felony in Virginia?
No, petit larceny is not a felony; it is a Class 1 misdemeanor. Under Virginia law, the dividing line between petit larceny and grand larceny is $1,000 (or the taking of a firearm regardless of value). Because petit larceny is a misdemeanor, it is heard in the General District Court rather than the Circuit Court, though a defendant has the right to appeal a conviction for a new trial in the Circuit Court.
Can a petit larceny charge be expunged in Virginia?
Expungement is available in Virginia only if the charge resulted in an acquittal, a nolle prosequi, or a dismissal. A conviction for petit larceny generally cannot be expunged under current law. If the charge is dismissed or the prosecutor drops it, a petition for expungement may be filed. An experienced criminal attorney can advise whether you are eligible and guide you through the petition process.
What should I do if I am charged with petit larceny in Virginia?
If you are charged with petit larceny in Virginia, you should exercise your right to remain silent and contact an attorney immediately. Do not discuss the facts with store security, police, or anyone other than your lawyer. Preserve any documents, receipts, or messages that might relate to the incident. A conviction can affect your employment, professional license, and immigration status, so prompt legal guidance is important.
Do I need a lawyer for a petit larceny charge, even if the value seems small?
Yes, because even a misdemeanor petit larceny conviction creates a criminal record that can limit job opportunities, housing, and security clearances. The $1,000 threshold and the Class 1 misdemeanor penalty structure mean the court can impose up to 12 months in jail. A lawyer can challenge the valuation of the property, the ownership element, or the evidence of intent, and may be able to negotiate an amendment to a non-theft offense or secure a dismissal.
How can a petit larceny lawyer help me in Virginia?
An experienced Virginia petit larceny lawyer can evaluate the Commonwealth’s evidence, raise legal defenses, negotiate with the prosecutor for a reduction or dismissal, and represent you at trial if necessary. Because Virginia does not have a formal plea-bargaining system, an attorney’s ability to work with the prosecutor and the court is critical. The lawyer can also advise on the long-term consequences of a plea and fight to protect your record.
For further reading on related topics, see our pages on Grand Larceny Defense in Virginia, Theft Charges in Virginia, and Virginia Expungement Lawyer.
Outbound primary sources: Virginia Code Title 18.2 (Crimes and Offenses) · Virginia Courts · SCC Business Entity Filings
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris.