Felony Theft Lawyer Fauquier County, VA
You never expected the police to show up at your door. But when the alleged value of the missing property crosses the $1,000 mark in Virginia, what might have been a misdemeanor case becomes a felony theft charge — and everything changes. Now you face a criminal proceeding in the Fauquier County courts, where the consequences can follow you for the rest of your life. You need an attorney who understands not only Virginia law but also the local judges, prosecutors, and procedures at the courthouse at 6 Court Street in Warrenton. The attorneys at Law Offices Of SRIS, P.C. bring decades of collective experience to felony theft cases across Fauquier County. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options for Your Felony Theft Case
Felony theft charges in Virginia are not monoliths. The defense strategy your attorney develops will be shaped by the specific facts of your situation, including how the value of the property was calculated, the circumstances of the alleged taking, and any witness or evidence issues. Mr. Sris and his Of Counsel team review every aspect of the Commonwealth’s case for procedural weaknesses, from the initial stop or arrest to the chain of custody of evidence. A former Virginia State Trooper who is now Of Counsel brings firsthand insight into law enforcement procedures, which can be critical when challenging search, seizure, or investigative conduct. In many cases, negotiations with the Commonwealth’s Attorney can result in a charge amendment or reduction — for example, a grand larceny charge might be amended to a misdemeanor petit larceny if the value can be challenged. However, no attorney can promise a particular outcome; every case is unique, and Results may vary.
What to Expect in the Fauquier County Courts
Felony theft charges begin in the Fauquier County General District Court, located at 6 Court Street in Warrenton. This court handles the initial appearance, bond hearing, and preliminary hearing. If the judge finds probable cause, the case is certified to the Fauquier County Circuit Court, where felony trials are held. The circuit court process includes arraignment, discovery, motions, and, if no resolution is reached, a jury trial. Defendants have an absolute right to a jury trial for any felony charge. Throughout this process, having an attorney who regularly appears in both the General District and Circuit courts of Fauquier County can make a meaningful difference — familiarity with local procedures and the expectations of the bench can help a defense attorney navigate your case efficiently and effectively.
Penalty Overview: What You Face
Under Virginia Code § 18.2-95, grand larceny is a felony punishable by imprisonment in a state correctional facility for one to twenty years. Alternatively, at the discretion of the jury or the court trying the case without a jury, the sentence may be confinement in jail for up to twelve months. A felony conviction also carries long-term collateral consequences, including the loss of firearm rights and, for many offenses, the loss of voting rights. For a first‑time offender, the court may have discretion to defer a finding or impose a sentence below the maximum, but the range of potential penalties is serious. Because each case is different, it is important to speak with an attorney about how the law applies to your specific circumstances. Results may vary.
Attorney Credentials: Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has over 25 years of experience handling criminal matters. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes a former Virginia State Trooper who served 15 years in law enforcement — a background that provides unique insight into how police reports are written, how traffic stops and investigations are conducted, and where procedural errors may arise. Together, the defense team draws on this collective knowledge when representing clients accused of felony theft in Fauquier County.
Frequently Asked Questions
What is felony theft in Virginia?
Felony theft, specifically grand larceny, is taking property valued at $1,000 or more, or taking property directly from a person, regardless of value, with the intent to permanently deprive the owner of it. It is governed by Va. Code § 18.2-95. A conviction can result in incarceration for one to twenty years and a permanent criminal record.
What is the threshold amount for felony theft in Virginia?
The threshold is $1,000. If the value of the property taken is $1,000 or more, the charge is grand larceny, a felony. Values below $1,000 typically result in a misdemeanor petit larceny charge under Va. Code § 18.2-96. The valuation can be challenged by your attorney.
What are the possible penalties for grand larceny?
Grand larceny is punishable by one to twenty years in a state correctional facility, or, at the discretion of the jury or judge, up to twelve months in jail. A felony conviction also results in the loss of firearm rights and, in many cases, voting rights. The specific sentence depends on the facts of the case and the defendant’s criminal history.
Will I go to jail for a first‑offense felony theft charge in Fauquier County?
Not automatically. For a first offense, the court may consider alternatives such as a deferred disposition or probation. However, the stakes are high, and an experienced attorney can present mitigating circumstances to seek a lenient sentence or alternative resolution. Each case turns on its own facts.
Can a felony theft charge be reduced to a misdemeanor?
Yes. In many cases, if the prosecution’s evidence of value is weak, or if the defendant has no prior record, the Commonwealth’s Attorney may agree to amend the charge to petit larceny, a misdemeanor. Our attorneys have experience achieving such reductions in Fauquier County. However, each case is unique and past results do not guarantee a similar outcome.
What are common defenses to felony theft in Virginia?
Defenses may include lack of intent to permanently deprive, mistaken identity, ownership of the property, or a challenge to the valuation of the property. Procedural defenses — such as an illegal search or seizure — can also result in suppression of evidence. Your attorney will evaluate which defenses apply to your situation.
How do I find a felony theft lawyer in Fauquier County?
You can start by calling Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. We represent clients in Fauquier County and appear regularly at the courthouse at 6 Court Street, Warrenton. Our team includes a former prosecutor and a former Virginia State Trooper, offering a unique blend of courtroom and law enforcement experience.
What if the theft involves a motor vehicle or firearm?
The grand larceny statute also covers theft of a firearm regardless of value, and theft of a motor vehicle valued at $1,000 or more (which is virtually always). The penalties remain the same — one to twenty years imprisonment. The charge may be prosecuted as a separate felony count.
How long does a felony theft case take in Fauquier County?
The timeline varies depending on the complexity of the case and the court’s calendar. A preliminary hearing in General District Court often occurs within weeks, while a circuit court trial may be several months later. Your attorney can provide a more specific estimate after your initial hearing.
Do I need a lawyer for a felony theft charge?
Absolutely. A felony conviction can result in years in prison and a lifetime of collateral consequences. An experienced criminal defense attorney can protect your rights, negotiate with the prosecutor, and present a strong defense at trial. Self‑representation is extremely risky, particularly in felony cases.
Criminal Defense Lawyers Serving Nearby Counties
Our firm also handles felony and misdemeanor charges in neighboring Virginia counties:
- Fairfax County Criminal Lawyer
- Prince William County Criminal Lawyer
- Stafford County Criminal Lawyer
- Loudoun County Criminal Lawyer
- Arlington County Criminal Lawyer
For a full analysis of Virginia felony theft laws, visit our comprehensive criminal defense resource.
Primary Legal Sources
Contact Law Offices Of SRIS, P.C. — Fairfax Location
Address: 4008 Williamsburg Court, Fairfax, VA 22032 (by appointment only)
Phone: (888) 437-7747
Available: 24 hours a day, 7 days a week
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.