
Petit Larceny Defense Lawyer Chesapeake, VA
A charge of petit larceny in Chesapeake, Virginia, can upend your life. Under Va. Code § 18.2-96, taking property valued at less than $1,000 is classified as a Class 1 misdemeanor—an offense punishable by up to twelve months in jail and a fine as prescribed by statute. Even a single misdemeanor conviction can affect your employment, housing, professional licenses, and security clearances. Law Offices Of SRIS, P.C., founded in 1997, represents individuals facing petit larceny charges in the Chesapeake General District Court and Chesapeake Circuit Court. Mr. Sris, a former prosecutor, and his Of Counsel team work to build a thorough defense, examining every detail of the prosecution’s case. To discuss your situation and explore your options, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Petit larceny of property valued under $1,000 is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a fine as prescribed by statute.
Source: Va. Code § 18.2-96. Virginia Code § 18.2-96
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
What Petit Larceny Defense Means in Chesapeake, Virginia
Chesapeake, an independent city in the Hampton Roads region, handles misdemeanor larceny cases at the Chesapeake General District Court on Albemarle Drive. The court processes a steady volume of theft-related matters, from shoplifting at Greenbrier-area retailers to the unlawful taking of personal property in residential neighborhoods like Great Bridge. Because Virginia does not allow judges to participate in plea negotiations, the Commonwealth’s Attorney for Chesapeake holds significant discretion over how a petit larceny charge is resolved. An experienced defense attorney can engage with the prosecutor early—often before the first court date—to explore alternatives such as a deferred disposition under Virginia’s first-offender statute, an amendment to a lesser charge, or an outright dismissal. The Chesapeake Circuit Court hears any appeals from the General District Court and also handles felony theft cases, making familiarity with both courtrooms essential.
Virginia’s larceny laws classify theft into two tiers based on the value of the property taken. When the value is below $1,000, the offense is petit larceny, a Class 1 misdemeanor. The threshold was raised to $1,000 in 2020, meaning some conduct that previously triggered a felony now stays at the misdemeanor level. Still, a conviction carries serious collateral consequences, and any person accused should understand the local court procedures and potential defenses available in Chesapeake.
How Mr. Sris and His Of Counsel Handle Petit Larceny Cases
When you engage Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel begin by reviewing every facet of the case. They examine the charging documents, police reports, witness statements, and any surveillance footage to identify weaknesses in the prosecution’s evidence. Because several members of the team have prior law enforcement experience—including a former Virginia State Trooper—they are particularly skilled at spotting procedural errors, such as an improper stop, an unlawful search, or a flawed identification procedure. In many instances, a motion to suppress evidence can change the trajectory of a case entirely.
Mr. Sris and his Of Counsel also evaluate whether the accused qualifies for Virginia’s first-offender program under Va. Code § 19.2-303.2, which allows a court to defer a finding and ultimately dismiss the charge upon successful completion of probation. If a dismissal is not achievable, they negotiate with the Chesapeake Commonwealth’s Attorney to seek an amendment to a non-criminal infraction, such as trespassing, which carries fewer long-term consequences. Throughout the process, the legal team keeps you informed about each step, from arraignment to trial or resolution. Mr. Sris and his Of Counsel bring extensive combined legal experience to each matter. Results may vary. In your case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. As a former prosecutor, he understands how the Commonwealth builds its case and uses that insight to anticipate prosecution strategies. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The Of Counsel team includes attorneys with backgrounds in law enforcement and extensive trial experience. Their collective knowledge of Virginia criminal procedure and the Chesapeake courts—including the General District Court and Circuit Court—allows them to deliver a well-prepared defense. Whether negotiating with the prosecutor or litigating in court, Mr. Sris and his Of Counsel focus on protecting your rights and pursuing the most favorable resolution available under the law.
Frequently Asked Questions
What is petit larceny under Virginia law?
Petit larceny is the theft of property valued at less than $1,000, and it is classified as a Class 1 misdemeanor in Virginia. Under Va. Code § 18.2-96, the offense includes taking money or goods from a person worth less than $5, or any other property not taken from a person worth less than $1,000. A conviction can lead to a permanent criminal record, making it difficult to obtain employment or housing. Defenses may include a claim of right, lack of intent to permanently deprive, or mistaken identity. For case-specific guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Is petit larceny a misdemeanor or a felony in Chesapeake?
Petit larceny is always a misdemeanor in Virginia—specifically a Class 1 misdemeanor—unless the value of the property taken reaches $1,000 or more, at which point it becomes grand larceny, a felony. The value threshold is measured by the fair market value of the item at the time of the offense. Cases are heard in Chesapeake General District Court, where defendants have the right to a trial. If a conviction occurs, the maximum penalty is 12 months in jail and a fine as prescribed by statute. To discuss the details of your matter, reach our firm at (888) 437-7747.
Can a petit larceny charge be expunged in Chesapeake, Virginia?
Yes, a petit larceny charge can be expunged in Chesapeake if the case ends in an acquittal, a nolle prosequi, or a dismissal. Under Va. Code § 19.2-392.2, a person whose charge did not result in a conviction may petition the Chesapeake Circuit Court to seal the police and court records. A conviction generally cannot be expunged, which is why avoiding a conviction is so critical. First-time offenders may qualify for a deferred disposition under § 19.2-303.2, which can lead to a dismissal and then eligibility for expungement. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What are common defenses to a petit larceny charge?
Common defenses to petit larceny in Chesapeake include challenging the ownership of the property, disproving the intent to permanently deprive the owner, and attacking the legality of the search or seizure that produced the evidence. If the police stopped or searched you without reasonable suspicion or probable cause, your attorney may file a motion to suppress the resulting evidence. Additionally, a claim of right—a genuine belief that you owned the property—can negate the required criminal intent. An experienced defense attorney evaluates all available angles to build the strong $1. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a petit larceny charge in Chesapeake?
Yes, retaining an experienced defense attorney is strongly recommended because even a misdemeanor petit larceny conviction can create a permanent criminal record that affects your future. While you are not legally required to hire a lawyer, the Chesapeake court system and the Commonwealth’s Attorney’s office operate with rules and expectations that can be difficult to navigate alone. An attorney can negotiate with the prosecutor, identify procedural errors, and present mitigating factors that a self-represented defendant might overlook. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court process work for a petit larceny case in Chesapeake?
A petit larceny case in Chesapeake typically begins with an arrest or a summons to appear in the Chesapeake General District Court, where an arraignment is held and a trial date is set. At the arraignment, you are informed of the charge and your rights. If you plead not guilty, the court schedules a trial. The Commonwealth’s Attorney represents the prosecution, and you have the right to be represented by counsel. Misdemeanor trials are heard before a judge; you may appeal an unfavorable decision to the Chesapeake Circuit Court for a new trial before a jury. The timeline depends on the court’s calendar and the complexity of the matter.
Last reviewed: June 2026
Official Virginia legal resources:
- Va. Code § 18.2-96 – Petit Larceny
- Va. Code § 19.2-392.2 – Expungement
- Chesapeake General District Court
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.