Embezzlement Charges in Virginia: Your Defense in Fairfax, Loudoun, and Prince William

As of December 2025, the following information applies. In Virginia, embezzlement involves unlawfully taking property entrusted to you. Facing these charges can lead to severe penalties, including prison time and hefty fines. A strong defense requires immediate legal action. 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 in Virginia?

Embezzlement in Virginia isn’t just about stealing; it’s about a betrayal of trust. Picture this: you’re given responsibility over someone else’s money or property, perhaps as an employee, a trustee, or even a volunteer. Instead of using it as intended, you decide to keep it for yourself, secretly diverting funds or assets. That’s embezzlement in a nutshell. It’s a specific type of theft where the person accused initially had lawful possession of the property, but then unlawfully converted it to their own use. The law sees this as a serious breach, often categorized as a white-collar crime, and it carries significant consequences depending on the value of what was taken. Whether it’s a few hundred dollars or hundreds of thousands, the intent to defraud and the breach of fiduciary duty are key elements the prosecution will aim to prove.

In Virginia, the specific statutes governing embezzlement are largely found under Title 18.2 of the Code of Virginia, particularly Section 18.2-111. This section broadly defines embezzlement as any agent, servant, or employee of any person, or a trustee or bailee, or any officer of any incorporated company, who fraudulently converts to his own use, or takes, purloins, secretes, or withholds, or appropriates to his own use, any money or other personal property of value which has come into his possession or is under his charge or management by virtue of his office, trust, or employment. The law draws a distinction between grand larceny and petit larceny based on the value of the property embezzled. If the value of the goods or funds embezzled is $1,000 or more, it’s considered grand larceny, a felony carrying severe penalties. If the value is less than $1,000, it’s petit larceny, typically a misdemeanor, but still carrying the potential for jail time and a permanent criminal record.

The core elements a prosecutor must prove beyond a reasonable doubt in an embezzlement case in Virginia include: first, that there was an entrustment of property to the accused; second, that the accused was in lawful possession of the property due to a position of trust; third, that the accused fraudulently converted the property for personal gain; and fourth, that there was an intent to deprive the owner of their property. Without proving each of these elements, a conviction can be challenged. This is why having an experienced VA embezzlement lawyer by your side is essential. They understand these nuances and can challenge the prosecution’s case effectively, protecting your rights and fighting for the best possible outcome.

Takeaway Summary: Embezzlement in Virginia is the fraudulent conversion of entrusted property, categorized as grand or petit larceny based on value, and requires proving intent and breach of trust. (Confirmed by Law Offices Of SRIS, P.C.)

How to Defend Against Embezzlement Charges in Virginia?

Facing an accusation of embezzlement can feel like your world is caving in. The fear of what comes next – investigations, potential arrests, courtroom battles, and the specter of a criminal record – is real. But it’s important to remember that an accusation is not a conviction. There are clear, strategic steps you can take to mount a robust defense. A knowledgeable Northern VA white-collar crime attorney can guide you through this intimidating process, helping you understand your rights and the legal avenues available. This isn’t just about showing up in court; it’s about meticulously dissecting the prosecution’s case, identifying weaknesses, and building a compelling argument on your behalf. Here’s a look at the typical defense process:

1. Secure Immediate Legal Representation: This is your absolute first step. Don’t speak to law enforcement or anyone else about the allegations without an attorney present. Anything you say can and will be used against you. An attorney can ensure your rights are protected from the outset, prevent self-incrimination, and begin gathering critical information. Your legal team can act as a buffer between you and investigators, ensuring proper procedures are followed.
2. Understand the Specific Charges: Embezzlement charges can be complex, involving financial documents, corporate structures, and intricate legal definitions. Your lawyer will explain the precise nature of the charges against you, including the specific statutes violated and the potential penalties. This clarity is vital for developing an informed defense strategy. Knowing exactly what you’re up against allows for a more targeted and effective approach to your defense.
3. Gather and Preserve All Relevant Evidence: Your defense will rely heavily on evidence. This includes financial records, employment contracts, communications (emails, texts), bank statements, accounting ledgers, and any other documents that relate to the property or funds in question. Your legal team will help you identify what’s relevant and ensure it’s properly preserved. They might also seek expert analysis of financial data to challenge the prosecution’s interpretation.
4. Challenge the Prosecution’s Evidence: A core aspect of defense is scrutinizing the evidence presented by the state. This could involve questioning the accuracy of financial records, the chain of custody for evidence, the credibility of witnesses, or even the methods used in the investigation. Perhaps there are discrepancies in accounting, or the alleged ‘missing’ funds were simply misallocated or part of a legitimate business expense. Your attorney will work to poke holes in the prosecution’s narrative.
5. Formulate and Present a Defense Strategy: Based on the evidence and legal analysis, your attorney will develop a tailored defense strategy. Common defenses in embezzlement cases can include:
• Lack of Intent: Arguing that there was no fraudulent intent to deprive the owner of their property. Perhaps it was a genuine accounting error, a misunderstanding, or poor record-keeping rather than malicious intent.
• Mistake of Fact: Believing you had a right to the property or that the actions were authorized.
• Duress: Actions taken under threat or compulsion.
• False Accusation: Demonstrating that the allegations are untrue or motivated by personal vendettas or other ulterior motives.
• Restitution and Negotiation: In some cases, if the evidence is strong against you, negotiating a plea bargain that might involve restitution (paying back the money) could lead to reduced charges or penalties. This is a complex area and should only be pursued with experienced legal counsel.
6. Prepare for Trial or Negotiation: Depending on the strength of the evidence and the specifics of your case, your attorney will either prepare for a courtroom trial, where they will present your defense before a judge or jury, or engage in rigorous plea negotiations with the prosecutor. The goal is always to achieve the best possible outcome, whether that’s an acquittal, dismissal, reduced charges, or a favorable sentencing agreement.

Blunt Truth: Defending against embezzlement charges requires a meticulous, detail-oriented approach. It’s not a fight you want to take on alone. The stakes are too high, impacting your freedom, your finances, and your reputation for years to come.

Can I Avoid Jail Time for Embezzlement in Virginia?

The worry about jail time is often the first and most terrifying thought that crosses someone’s mind when facing embezzlement charges in Fairfax, Loudoun, or Prince William. It’s a completely valid concern. Virginia takes white-collar crimes very seriously, and a conviction for embezzlement, especially felony embezzlement (grand larceny), can absolutely lead to significant prison sentences. Beyond incarceration, you could face substantial fines, mandatory restitution to the victim, and a criminal record that haunts your employment prospects and personal life for decades. The exact penalties depend heavily on the value of the property embezzled and any prior criminal history. For instance, grand larceny embezzlement in Virginia, involving property valued at $1,000 or more, is a felony punishable by up to 20 years in prison, hefty fines, or both. Petit larceny embezzlement, while a misdemeanor, can still result in up to 12 months in jail and fines.

However, the short answer is: yes, avoiding jail time is often possible, but it requires a strategic, aggressive defense tailored to the specifics of your case. It’s not a guarantee, but it is a primary goal for an experienced defense attorney. The judicial system allows for various outcomes beyond maximum penalties. For example, a skilled attorney might successfully argue for a dismissal if the prosecution’s evidence is weak or improperly obtained. They could also negotiate for reduced charges, potentially converting a felony into a misdemeanor, which significantly lessens the likelihood of a lengthy prison sentence.

Alternative sentencing options might also be available. These could include probation, community service, participation in diversion programs, or suspended sentences contingent on restitution and good behavior. The availability of these options often depends on factors like the amount embezzled, your criminal history, the circumstances surrounding the offense, and the prosecutor’s willingness to negotiate. Demonstrating genuine remorse and a willingness to make amends, such as offering to pay restitution, can sometimes sway a prosecutor or judge towards a more lenient outcome. An attorney’s role here is invaluable; they understand the local courts, the prosecutors, and the judges in Fairfax, Loudoun, and Prince William, and can present your case in the most favorable light to push for alternatives to incarceration. They know how to highlight mitigating factors that could lead to a more compassionate resolution, preserving your freedom and future.

Why Hire Law Offices Of SRIS, P.C.?

When you’re accused of embezzlement, the legal challenges are immense, and the personal toll can be devastating. You need more than just a lawyer; you need a dedicated advocate who truly understands the nuances of Virginia law and how these complex cases are prosecuted in Fairfax, Loudoun, and Prince William counties. At Law Offices Of SRIS, P.C., we’re not just about legal theory; we’re about real-world defense for real people facing tough situations.

Mr. Sris, our founder and principal attorney, brings a unique blend of legal prowess and practical experience to every case. He understands the fear, confusion, and anxiety that comes with white-collar crime allegations. As Mr. Sris himself states, “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.” This isn’t just a statement; it’s a philosophy that underpins our firm’s commitment to client defense. His background in accounting and information management also provides a distinct advantage, enabling a deeper understanding of the financial intricacies often present in embezzlement cases. This comprehensive approach means we’re not just looking at the legal aspects, but also the financial data, helping to uncover discrepancies or alternative explanations that can strengthen your defense.

We approach each case with empathy and direct communication, ensuring you’re informed and empowered every step of the way. We will meticulously investigate the charges, challenge the prosecution’s evidence, and work tirelessly to protect your rights and your future. Our team is prepared to fight aggressively for the best possible outcome, whether that means negotiating for a dismissal, pursuing reduced charges, or representing you vigorously in court. We understand that your freedom and reputation are on the line, and we treat every case with the seriousness and dedication it deserves.

Law Offices Of SRIS, P.C. has locations in Virginia, including our dedicated team in Fairfax, ready to serve clients across Fairfax, Loudoun, and Prince William. Our Fairfax location is:

4008 Williamsburg Court
Fairfax, VA, 22032, US
Phone: +1-703-636-5417

When your future is at stake, you need a legal team that combines seasoned experience with a relentless drive to defend your interests. Don’t face these allegations alone. Call now for a confidential case review and let us start building your defense.

Frequently Asked Questions About Embezzlement in Virginia

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

Embezzlement is a specific type of larceny where you initially gained lawful possession of the property due to a position of trust, then unlawfully converted it. Larceny, more broadly, is simply taking someone else’s property without permission, regardless of how you initially possessed it.

What are the potential penalties for felony embezzlement in Virginia?

Felony embezzlement (grand larceny, property valued at $1,000+) in Virginia can result in up to 20 years in prison, significant fines, or both. The specific sentence depends on factors like the amount involved and your criminal history.

Can I get a misdemeanor for embezzlement if the amount is small?

Yes, if the value of the embezzled property is less than $1,000, it’s typically charged as petit larceny, a misdemeanor. This can still lead to up to 12 months in jail and fines, plus a criminal record.

Is a ‘lack of intent’ a valid defense for embezzlement?

Absolutely. For an embezzlement conviction, the prosecution must prove fraudulent intent. If your actions were due to a genuine mistake, accounting error, or misunderstanding, demonstrating a lack of intent can be a powerful defense.

How important are financial records in an embezzlement case?

Financial records are often the backbone of an embezzlement case. Both the prosecution and defense will heavily rely on bank statements, ledgers, and other documents to prove or disprove the fraudulent conversion of funds or property.

Can I negotiate with the prosecutor to avoid trial?

Yes, plea negotiations are common. Your attorney can discuss potential plea bargains with the prosecutor, which might involve reduced charges, alternative sentencing, or restitution agreements in exchange for a guilty plea. This often avoids a trial.

Will an embezzlement charge affect my professional license?

A conviction for embezzlement, especially a felony, can severely impact professional licenses (e.g., finance, real estate, healthcare). Many licensing boards view such convictions as grounds for suspension or revocation due to the breach of trust involved.

What should I do if I am being investigated for embezzlement?

If you’re under investigation for embezzlement, do not speak to law enforcement without legal counsel. Immediately contact an experienced defense attorney. They will protect your rights, guide you through questioning, and begin building your defense.

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.