Virginia Embezzlement & Larceny Defense: Your Legal Guide

As of December 2025, the following information applies. In Virginia, embezzlement involves the unlawful taking of property entrusted to an individual, a distinct but related offense to general larceny. Both carry severe consequences, from significant fines to lengthy prison sentences, depending on the value of the property and other factors. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters.

Confirmed by Law Offices Of SRIS, P.C.

What is Embezzlement and Larceny in Virginia?

Let’s cut right to it: when you’re facing charges like embezzlement or larceny in Virginia, you’re looking at accusations about unlawfully taking someone else’s property. While both are types of theft, there’s a key difference. Larceny, in its simplest form, means taking property from another person with the intent to permanently deprive them of it. Think of shoplifting or stealing a car – classic larceny.

Embezzlement, on the other hand, is a specific type of larceny where you were initially *entrusted* with the property. This means the owner gave you permission to possess it, but not to convert it for your own use. Imagine you’re a bookkeeper for a company, and you start diverting funds into your personal account. You had lawful access to those funds, but you misused that trust to steal. That’s embezzlement. Virginia Code § 18.2-111 outlines this, stating that if any agent, bailee, servant, or other person wrongfully converts to his own use, or sells, secretes or disposes of, without the consent of the owner, any money, bill, note, check, order, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another, or which shall have been entrusted to him, he shall be guilty of larceny thereof. It’s a violation of trust, making it particularly serious in the eyes of the law.

Both embezzlement and larceny are categorized by value. In Virginia, if the value of the stolen goods or money is $1,000 or more, it’s typically charged as grand larceny, a felony offense. If it’s less than $1,000, it’s usually considered petit larceny, a misdemeanor. However, if the larceny is committed from the person of another, regardless of value, it’s grand larceny. The penalties escalate significantly for felonies, involving longer prison sentences, larger fines, and a criminal record that can haunt you for life. Understanding these distinctions is the first step in building a defense. It’s not just about whether something was taken, but *how* it was taken and what role you had with the property.

Takeaway Summary: Embezzlement is a larceny charge in Virginia where someone unlawfully takes property they were entrusted with, differing from general larceny in the element of breach of trust. (Confirmed by Law Offices Of SRIS, P.C.)

How to Defend Against Embezzlement or Larceny Charges in Virginia?

When you’re accused of embezzlement or larceny in Virginia, the path ahead can seem daunting, but it’s not hopeless. A robust defense strategy, executed swiftly and thoughtfully, can make all the difference. This isn’t a battle you want to face alone; a seasoned legal team can help you navigate the system and fight for your rights.

1. Understand the Charges and Gather Evidence:

   The very first step is to fully comprehend what the prosecution is alleging. What specific actions are you accused of? What property is involved, and what is its alleged value? This isn’t just about reading the formal charges; it’s about digging into the police reports, witness statements, and any financial documents or electronic communications that form the basis of the case against you. Gathering all relevant evidence, both inculpatory and exculpatory, is paramount. This might include your own financial records, employment contracts, emails, text messages, or even surveillance footage. Documenting everything precisely from the outset provides a solid foundation for your defense.

2. Challenge the Element of Intent:

   For both embezzlement and larceny, the prosecution must prove criminal intent beyond a reasonable doubt. This means they have to show you *intended* to permanently deprive the owner of their property or *intended* to convert entrusted property for your own use. If we can demonstrate a lack of this intent – perhaps it was a genuine mistake, a misunderstanding of your authority, an accounting error, or even a simple oversight – the entire case can crumble. Maybe you believed you had a right to the property, or perhaps you intended to return it. This isn’t just a legal technicality; it’s often a critical fault line in the prosecution’s case. Demonstrating that there was no criminal intent is one of the most powerful defenses available.

3. Dispute Factual Allegations and Identification:

   The prosecution’s narrative isn’t the only one that exists. Sometimes, the facts themselves are in dispute. Were you truly the person who committed the alleged act? Could it have been someone else? Was the property even stolen, or simply misplaced? In cases involving businesses, especially larger ones, identifying who did what can be incredibly difficult, opening avenues for challenging identification. Furthermore, the value of the property is often a point of contention. If the prosecution exaggerates the value, reducing it below the felony threshold can significantly lessen the potential penalties you face, turning a potential grand larceny charge into a petit larceny misdemeanor.

4. Seek to Negotiate with Prosecutors:

   In many cases, an aggressive defense can open the door for negotiations with the prosecutor. This could involve discussions about reducing the charges to a less severe offense, or even exploring diversion programs that could keep a conviction off your record. Restitution, which is the act of repaying stolen funds or returning stolen property, can sometimes be a powerful bargaining chip. While it’s not an admission of guilt, demonstrating a willingness to make amends can occasionally influence a prosecutor to consider more lenient outcomes, especially for first-time offenders or in cases where the intent was not clearly malicious. A skillful lawyer knows when and how to approach these discussions to achieve the best possible result for you.

5. Prepare for Trial and Appellate Options:

   If negotiations don’t yield a satisfactory outcome, preparing for trial becomes the next crucial step. This involves meticulously reviewing all evidence, preparing witnesses, crafting opening and closing statements, and anticipating the prosecution’s arguments. A trial is a complex legal proceeding, and having a seasoned legal team by your side who knows the ins and outs of Virginia courtrooms is indispensable. Should a conviction occur, it’s important to know that the fight isn’t necessarily over. You may have grounds for an appeal, challenging legal errors or procedural missteps that occurred during your trial. Understanding and preparing for these post-conviction options ensures that every possible avenue for defense is explored.

These steps are not mutually exclusive; they often intertwine as a defense unfolds. The key is proactive, informed, and tenacious legal representation from attorneys who understand the intricate details of Virginia’s criminal justice system.

Can I Avoid a Felony Conviction for Embezzlement or Larceny in Virginia?

The fear of a felony conviction for embezzlement or larceny in Virginia is very real, and for good reason. A felony on your record can significantly impact your life, affecting job prospects, housing, and even your ability to vote or own firearms. In Virginia, the line between a felony and a misdemeanor for these offenses is often drawn at the $1,000 mark. If the value of the property involved is $1,000 or more, you’re likely facing a grand larceny charge, which is a felony. Below that, it’s usually petit larceny, a misdemeanor. However, if the taking is from the person of another, it’s automatically a felony, regardless of value. This means even a small amount can lead to serious consequences if it’s taken directly from someone.

Yes, avoiding a felony conviction is absolutely possible, but it requires a strategic and aggressive defense. One common approach is to challenge the valuation of the property. If we can argue successfully that the actual value of the items or funds in question is less than $1,000, a grand larceny charge could be reduced to petit larceny, converting a felony into a misdemeanor. This alone can be a game-changer. Another avenue involves demonstrating a lack of criminal intent, as mentioned earlier. If it can be shown that there was a misunderstanding, an error, or no deliberate plan to steal or convert property, the prosecutor’s case for a felony charge weakens considerably.

Furthermore, in some instances, negotiating with the prosecution for a plea to a lesser offense, or exploring alternative dispositions like a deferred disposition, can help you avoid a felony conviction. Restitution – paying back the money or returning the property – can sometimes be a factor in these negotiations, though it’s not a guaranteed path to avoiding a felony. The goal is always to minimize the impact on your life, and that often means fighting fiercely to keep a felony off your record. Remember, the prosecution has to prove every element of their case beyond a reasonable doubt, and a skilled defense lawyer will meticulously scrutinize every piece of evidence and every legal argument to find weaknesses in their position. Don’t assume a felony charge means a felony conviction; there are always defenses to explore.

Why Hire Law Offices Of SRIS, P.C. for Your Embezzlement or Larceny Defense?

When your freedom, reputation, and future are on the line due to embezzlement or larceny charges in Virginia, you need more than just a lawyer; you need a dedicated advocate who understands the stakes. At the Law Offices Of SRIS, P.C., we provide exactly that – a relentless defense built on experience and a deep understanding of Virginia’s complex legal landscape. We know these white-collar crime cases aren’t just about legal statutes; they’re about people, livelihoods, and protecting what matters most.

Mr. Sris, the firm’s founder, brings a distinctive blend of legal acumen and practical insight to every case. He shares: “My focus since founding the firm in 1997 has always been directed towards personally defending the most challenging criminal and family law matters our clients face. I find my background in accounting and information management provides a unique advantage when addressing the intricate financial and technological aspects inherent in many modern legal cases.” This unique perspective is invaluable in embezzlement cases, which often hinge on intricate financial details and digital trails. His background means he’s not just a lawyer; he’s someone who speaks the language of numbers and data, which can be a critical edge when dissecting the prosecution’s evidence.

We are not here to judge; we are here to defend. We understand that facing these charges can be incredibly isolating and frightening. Our approach is direct, empathetic, and always focused on achieving the best possible outcome for you. We meticulously review every piece of evidence, challenge procedural errors, and tirelessly work to build a defense strategy tailored to the unique facts of your situation. Whether it’s questioning the intent behind an alleged act, disputing the valuation of property, or negotiating for reduced charges, we stand with you every step of the way.

Law Offices Of SRIS, P.C. has locations in Virginia, including our office in Fairfax, ready to serve clients across the Commonwealth. Our local presence means we are familiar with the courts, prosecutors, and legal nuances specific to Northern VA white-collar crime defense.

Our Fairfax location details:

4008 Williamsburg Court, Fairfax, VA, 22032, US

Phone: +1-703-636-5417

Don’t let an accusation define your future. Reach out today for a confidential case review and let us put our experience to work for you. You deserve a robust defense. Call now.

Frequently Asked Questions About Embezzlement and Larceny in Virginia

What’s the difference between embezzlement and grand larceny in Virginia?

Embezzlement in Virginia involves unlawfully taking property you were entrusted with. Grand larceny is taking property worth $1,000 or more, or from a person, with intent to permanently deprive the owner. The key difference is the breach of trust in embezzlement.

What are the typical penalties for embezzlement in Virginia?

Penalties depend on the value. If $1,000 or more, it’s a felony, carrying up to 20 years in prison. Below $1,000, it’s a misdemeanor with potential jail time up to 12 months and fines up to $2,500. Restitution is also often ordered.

Can I go to jail for misdemeanor larceny in Virginia?

Yes, petit larceny (misdemeanor) in Virginia can result in up to 12 months in jail and/or a fine of up to $2,500. While less severe than a felony, it still carries significant potential consequences.

What if I repay the money I embezzled?

Repaying embezzled money, known as restitution, is generally viewed favorably by courts. It can potentially influence sentencing or plea negotiations, but it does not automatically absolve you of criminal charges or erase a conviction. It’s an important consideration.

Is intent a factor in Virginia embezzlement cases?

Absolutely. For a conviction, the prosecution must prove you had the specific intent to defraud or permanently deprive the owner of their property. Demonstrating a lack of such intent is a cornerstone of many embezzlement defenses.

How long do I have to fight embezzlement charges?

The timeline varies greatly depending on the complexity of the case and jurisdiction. It can range from weeks to over a year. Early intervention by an attorney is always advisable to preserve evidence and build a strong defense.

What is a common defense strategy for larceny?

Common larceny defenses include challenging the element of intent, disputing identification, proving you had a right to the property, or arguing the property’s value is below the felony threshold. Each case requires a tailored approach.

Can a confidential case review help with my charge?

Yes, a confidential case review with an attorney is crucial. It allows you to discuss the specifics of your situation without obligation, understand your legal options, and begin formulating an effective defense strategy from the outset. It’s a vital first step.

What if I am accused of embezzlement at work?

Accusations of workplace embezzlement can lead to criminal charges and civil lawsuits. It is imperative to secure legal representation immediately. Do not speak to your employer or law enforcement without an attorney present to protect your rights.

What is the statute of limitations for embezzlement in Virginia?

Generally, the statute of limitations for felony embezzlement in Virginia is five years from the date of the offense. For misdemeanors, it is typically one year. However, exceptions exist, so it’s best to consult with an attorney for your specific situation.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.