Fairfax Grand Larceny Attorney

Being charged with grand larceny or another theft-related offense in Fairfax can be an overwhelming experience. You might be worried about jail time, a felony record, or how the local court process works. It’s normal to feel anxious and uncertain, but you don’t have to face these charges alone. Our Fairfax-based defense team pairs local familiarity with compassionate guidance – we understand Virginia’s larceny laws and the nuances of Fairfax County courts. We are here to reassure you, protect your rights, and strive for the best possible outcome in your case.

Grand Larceny vs. Petit Larceny in Virginia

Under Virginia law, “larceny” is simply another word for theft. The law divides larceny offenses primarily by the value of the items involved:

• Petit Larceny (Misdemeanor Theft): If the alleged stolen amount is less than $1,000, it is charged as petit larceny, a Class 1 misdemeanor. This includes most low-value thefts, shoplifting of inexpensive items, or similar minor theft offenses. A petit larceny conviction can result in up to 12 months in jail and a fine up to $2,500. 
• Grand Larceny (Felony Theft): If the value of the stolen property is $1,000 or more, Virginia law defines it as grand larceny, which is a felony. Grand larceny is also charged for certain special cases regardless of dollar value – for example, any theft of a firearm is automatically a felony, and stealing directly from a person (like pickpocketing) of $5 or more is considered grand larceny. A grand larceny conviction carries much harsher consequences: by statute, punishment can range from 1 to 20 years in state prison. In practice, courts have discretion to impose lesser penalties (such as jail up to 12 months or fines) for first-time offenders, but any grand larceny conviction means a permanent felony record. This felony record cannot be expunged and may severely limit job prospects, housing, voting rights, and more. Because a felony is so damaging to one’s future, it’s critical to mount a strong defense against grand larceny charges.

Shoplifting offenses are treated under the same larceny laws. In Virginia, shoplifting (concealing or taking merchandise from a store without paying) can be charged as petit larceny or grand larceny depending on the merchandise value. For instance, if the goods are worth $1,000 or more, shoplifting is punishable as grand larceny (a felony). Notably, you don’t even need to exit the store for it to count as shoplifting – the offense “occurs as soon as the item is concealed,” even inside the store. This means store security or police can charge you once they observe an intent to steal (such as hiding items in a bag or coat). If the value is below the felony threshold, the charge will remain a misdemeanor, often termed shoplifting or concealing merchandise (a form of petit larceny). In all cases, the sooner you address a theft charge with proper legal advice, the better your chances of protecting your record.

What Must the Prosecutor Prove?

In a Fairfax grand larceny case, the Commonwealth’s Attorney (prosecutor) must prove every element of the offense beyond a reasonable doubt. Challenging even one of these elements can lead to a reduction or dismissal of the charge. The key elements of larceny include:

• Taking of Property: That you took or carried away property belonging to someone else. In other words, a theft occurred – an item was moved or seized from its rightful owner’s possession.
• Without Permission & With Intent: That you did so without the owner’s consent, and with the intent to permanently deprive the owner of that property. Larceny is a specific intent crime – if you genuinely believed you had a right to the item or intended only to borrow it, this element may not be met.
• Value Threshold for Felony: For a grand larceny conviction, the Commonwealth must also prove the property’s value meets the felony threshold – generally that the item(s) were worth $1,000 or more (or at least $5 if taken directly from a person). If the prosecution cannot establish the value with credible evidence, the charge should be at most a misdemeanor.

Each of these elements provides an opportunity for the defense to raise doubt. For example, if there’s conflicting evidence about who actually took the item, or uncertainty about the item’s true value, the prosecution’s case weakens. Our experienced larceny attorneys know how to scrutinize the evidence on each point – from questioning eyewitness identifications to demanding solid proof of value – in order to protect our clients.

Key Defenses to Larceny Charges

An empathetic and skilled defense attorney will explore every possible defense available in a theft case. Remember, being charged does not mean you are guilty – there are numerous strategies to fight larceny allegations. Some key defenses in grand larceny (and other theft) cases include:

• Lack of Intent or Mistake: If you did not intend to steal, you haven’t committed larceny. Perhaps you genuinely thought you had permission to take the property or believed it was yours. We may present evidence of a misunderstanding or accident (for example, accidentally walking out of a store with an item) to show there was no intent to permanently deprive the owner. Without criminal intent, the prosecution’s case falls apart.
• Ownership or Rightful Claim: You cannot steal what you own. If there is a bona fide ownership dispute or you had a lawful claim to the property, that can be a complete defense. We will gather receipts, communications, or other proof if you had a right to possess the item.
• Mistaken Identity: Theft incidents – especially shoplifting – often occur in busy stores or public places, leading to confusion about who did what. If there is no clear evidence linking you to the crime (such as solid surveillance footage or reliable witnesses identifying you), we can argue there’s reasonable doubt you were the perpetrator. Everyone has the right to be presumed innocent, and we hold the Commonwealth to its burden of proving the right person beyond a reasonable doubt.
• Value Challenges: In a grand larceny case, the value of the goods can be a hotly contested issue. We can insist on a professional appraisal or challenge the prosecution’s valuation. If we can show the item’s value was below $1,000, then the charge should be reduced to a misdemeanor petit larceny. In some cases, prosecutors might overestimate the value or include multiple items that shouldn’t be grouped together – a savvy defense can push back on these tactics.
• Duress or Coercion: If you took the property only because you were forced or threatened by someone else, then you did not act of your own free will. Being under duress (for example, someone threatening harm unless you steal for them) can negate the intent required for larceny. We can present evidence of such circumstances to show you shouldn’t be held criminally responsible for an act you were compelled to do.
• Procedural Defenses: We will also examine whether your constitutional rights were respected during the investigation and arrest. If the police conducted an unlawful search, failed to read your Miranda rights, or violated procedure, we can move to suppress evidence or even get the case dismissed. Sometimes, cases are won on “technicalities” that protect all of our rights – for instance, if critical evidence is thrown out because it was obtained illegally, the prosecution may have no choice but to drop the charges.

Every case is unique, and the applicable defenses will depend on the facts. As your attorneys, we will listen to your side of the story, thoroughly investigate the circumstances, and tailor a defense strategy that gives you the strongest chance of success. Our goal is to poke holes in the prosecution’s case and assert every legal and factual defense available. Often, just demonstrating to the prosecutor that their case has problems can lead to a more favorable negotiation or outcome.

Avoiding a Felony Conviction: Our Primary Goal

When you’re facing a grand larceny charge, one of the most important objectives is avoiding a felony conviction on your record. A felony is life-changing – it’s not just the immediate penalties, but the fact that a felony record can haunt you forever. Our defense strategy is always centered on protecting your future by keeping a felony off your record if at all possible.

How do we do this? Depending on the circumstances of your case, we pursue several avenues to mitigate the impact:

• Negotiating a Reduction: Often, we can work with prosecutors to reduce a felony charge to a misdemeanor. For example, if the evidence is borderline or you have no prior record, the Commonwealth may agree to amend a grand larceny charge down to petit larceny (or even a different minor offense) as part of a plea agreement. This means you would face lesser penalties and, most importantly, avoid a felony conviction. Prosecutors are sometimes willing to reduce a charge if the value was not much over $1,000, or if there are mitigating factors such as cooperation and restitution. Our attorneys know how to highlight the positive aspects of your case to advocate for a reduction.
• First-Offender Programs: For qualifying clients, we aim to utilize any available pretrial diversion programs. Fairfax and other Virginia jurisdictions have programs for first-time offenders (including some larceny and shoplifting cases) where you complete certain requirements – like community service, counseling, and paying restitution – in exchange for a dismissal of the charge. Successful completion of a diversion program means you avoid conviction entirely. We will advise if you are eligible and help you fulfill the program conditions, with the goal of keeping your record clean.
• Fighting for Dismissal: Of course, if the evidence in your case is very weak or your rights were violated, we will push for a complete dismissal of the charges. By filing motions to suppress illegally obtained evidence or simply demonstrating to the court that the prosecution lacks proof beyond a reasonable doubt, we can get the case thrown out when possible. A dismissal is the best outcome because it’s as if the charge never happened. Even if a full dismissal isn’t realistic, raising strong defense arguments strengthens our hand in negotiations – prosecutors know when their case has problems and often will offer a better deal rather than risk an acquittal at trial.

Ultimately, our primary mission is to protect you from the lasting consequences of a felony. We understand how a felony record can derail your life, and we never lose sight of that when handling grand larceny matters. From day one, we’ll be looking for opportunities to secure a reduction, an alternative resolution, or a win in court – whatever it takes to safeguard your future.

Experienced Fairfax Defense When You Need It Most

Facing a theft charge in Fairfax County can be intimidating, but having a knowledgeable local attorney by your side makes all the difference. Our firm has deep roots in the Fairfax area and extensive experience with the Fairfax courts. We know the prosecutors, the judges, and how to navigate the specific procedures in this jurisdiction – insight that helps us anticipate how to best handle your case. This local experience, combined with our dedication to clients, has resulted in many success stories. We pride ourselves on being both professional and approachable – our lawyers will make sure you fully understand your options and will treat you with respect and compassion throughout the process.

If you or a loved one has been charged with grand larceny, shoplifting, or any theft offense in Northern Virginia, don’t wait to seek legal counsel. The earlier you involve a defense attorney, the better your chances of building a strong case before critical deadlines or court dates. During a free initial consultation, we will listen to your story, answer your questions, and give you an honest assessment of what to expect. Our priority is to alleviate your fears by creating a solid plan of action.

Call our Fairfax grand larceny defense attorneys today to discuss your case. We will fight tirelessly to protect your rights, avoid a felony conviction, and help you move forward with your life. With empathetic guidance and formidable legal skill, we’ll work to achieve the best possible outcome – so you can put this stressful chapter behind you and focus on your future.