Felony Theft Lawyer Virginia Beach, VA
Virginia Beach residents facing felony theft charges — whether grand larceny, embezzlement, credit card theft, or other property offenses — need counsel familiar with the Virginia Beach courts. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense, including felony theft matters, and has documented 8 case results in Virginia Beach across all practice areas, all with favorable outcomes. Mr. Sris, a former prosecutor, founded the firm in 1997. His Of Counsel include attorneys with prosecutorial and law enforcement backgrounds, and the team brings over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. Our Richmond location serves clients at the Virginia Beach General District Court and Virginia Beach Circuit Court, the two courts that handle misdemeanor and felony theft cases respectively. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Theft Means in Virginia Beach
Under Virginia law, theft (larceny) is classified by the value of the property taken. Theft of property valued at $1,000 or more — or theft directly from a person, regardless of value — is grand larceny and charged as a felony under Va. Code § 18.2-95. This carries a potential sentence of one to 20 years in prison, although a jury may impose up to 12 months in jail at its discretion. Theft below $1,000 is petit larceny, a Class 1 misdemeanor under § 18.2-96, which can result in up to 12 months in jail and a fine of up to $2,500.
In Virginia Beach, felony theft cases are initially heard in the Virginia Beach General District Court at 2425 Nimmo Parkway, Bldg 10B. That court conducts preliminary hearings to determine whether probable cause exists to certify the charge to the Circuit Court. If certified, the case moves to the Virginia Beach Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. The Commonwealth’s Attorney for Virginia Beach prosecutes these cases. Virginia also permits plea agreements under Supreme Court Rule 3A:8, and charges may be amended or dismissed through negotiation with the prosecutor.
Felony theft covers a range of specific charges: grand larceny, credit card theft (a Class 6 felony under § 18.2-192), embezzlement (punished as larceny per Va. Code § 18.2-111), and theft by false pretenses (also graded as larceny). Each involves distinct elements the Commonwealth must prove beyond a reasonable doubt. The value of the property and the circumstances of the taking are central to the defense strategy.
How Mr. Sris and His Of Counsel Handle Felony Theft Cases
Mr. Sris and his Of Counsel team begin by scrutinizing the evidence the Commonwealth intends to present. In felony theft cases, that often means examining the valuation of the property — if the value is below $1,000, the charge should be reduced to a misdemeanor. They also review whether any statements were obtained in violation of Miranda, whether a search was conducted lawfully, and whether the chain of custody for physical evidence is intact. Early in the process, they may communicate with the prosecutor to explore an amendment of the charge, a deferred disposition under Virginia’s first-offender statute where applicable, or a plea agreement that avoids a felony conviction.
Should the case proceed to a preliminary hearing in General District Court, Mr. Sris or an experienced Of Counsel attorney will challenge the Commonwealth’s evidence and may call witnesses. Cross‑examination of the alleged victim or investigating officer can expose weaknesses that lead to dismissal or reduction. If the case is certified to Circuit Court, the defense prepares for trial, including pretrial motions to suppress evidence or exclude testimony. Throughout, the attorney keeps the client informed about the timeline — which depends on the court’s calendar — and the range of possible outcomes. The firm’s approach is always tailored to the specific facts of the client’s case and the procedural posture of the matter.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience inside the courtroom — on both sides of the aisle — informs how he and his Of Counsel evaluate and prepare felony theft cases.
Mr. Sris is joined by Of Counsel who include a former Virginia State Trooper with 15 years of law enforcement experience and a former Maryland prosecutor. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. The team appears regularly in Virginia Beach General District Court and Virginia Beach Circuit Court, and has documented 8 case results in Virginia Beach across all practice areas, all with favorable outcomes. The firm’s Richmond location serves clients in Virginia Beach, Sandbridge, Oceana, and throughout the Fourth Judicial District.
Frequently Asked Questions
What is the penalty for a misdemeanor theft in Virginia Beach?
A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine. For petit larceny — theft of property valued under $1,000 — the court has discretion to impose a jail sentence up to 12 months, a fine, restitution, and supervised probation. A Class 2 misdemeanor, which applies to certain lesser offenses, carries a maximum of 6 months in jail and a $1,000 fine. The actual sentence depends on the defendant’s prior record, the circumstances of the offense, and any mitigating factors presented by counsel. In Virginia Beach General District Court, judges have wide latitude to suspend jail time conditioned on good behavior and restitution.
What makes a theft charge a felony in Virginia?
The charge becomes a felony when the property taken is valued at $1,000 or more, or when the theft is from a person’s body, regardless of value. Grand larceny under Va. Code § 18.2-95 is a felony punishable by 1 to 20 years in prison, or at the jury’s discretion, up to 12 months in jail. Certain theft offenses, such as credit card theft (§ 18.2-192) or theft of a firearm, are felonies by statute regardless of value. The classification has significant consequences: a felony conviction can result in loss of voting rights, firearm rights, and long-term barriers to employment and housing.
Can felony theft charges be expunged in Virginia Beach?
Expungement is generally available only for charges that result in acquittal, dismissal, or nolle prosequi. Under Virginia law, a person who is not convicted may petition the Virginia Beach Circuit Court to seal the police and court records. Convictions, including those for felony theft, ordinarily cannot be expunged. Virginia’s 2021 record‑sealing legislation (§§ 19.2-392.5 et seq.) provides for sealing of certain records, including some convictions, after a period of good behavior. A defense attorney can explain whether a particular theft charge might be eligible for deferred disposition or a first‑offender program that leads to dismissal and subsequent expungement.
How does bail work in Virginia Beach?
A magistrate sets bond shortly after arrest, and the amount depends on the risk of flight and danger to the community. For first‑offense misdemeanors, the magistrate may release the defendant on personal recognizance — a written promise to appear, with no payment required. For felonies, secured bond is typical; a bail bondsman typically charges approximately 10% of the bond amount. Bond can be appealed to the Virginia Beach General District Court, and a defense attorney can present arguments for a lower bond or for additional release conditions that the court might accept. Eligibility for a public defender or court‑appointed counsel is based on income.
Do I need a criminal defense lawyer for a felony theft charge in Virginia Beach?
Yes. A felony theft conviction has lifelong consequences, and an experienced defense attorney can challenge the evidence and negotiate for a reduction or dismissal. Even at the preliminary hearing stage in General District Court, having counsel can mean the difference between a certified felony and a dismissed or amended charge. Mr. Sris and his Of Counsel have handled felony theft matters in Virginia Beach courts and understand how the local Commonwealth’s Attorney evaluates these cases. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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Primary sources: Virginia Code Title 18.2 — Crimes and Offenses Generally · Virginia Beach Circuit Court · Virginia’s Judicial System
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.
Attorney responsible for this advertising: Mr. Sris.