Embezzlement Lawyer in Fauquier County, Virginia — What Are Your Defense Options?
Embezzlement in Fauquier County is a serious white-collar crime prosecuted under Virginia law, often as larceny or fraud. An experienced embezzlement lawyer Fauquier County from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence, which must prove you intentionally misappropriated entrusted funds or property. With documented case results in the area, our firm provides a strategic defense.
Virginia Embezzlement Law and Penalties
Embezzlement in Virginia is not a single statute but is prosecuted under various larceny and fraud statutes, depending on the circumstances and value of the property. For instance, embezzlement of funds under $1,000 is typically charged as petit larceny (Va. Code § 18.2-96), a Class 1 misdemeanor. Embezzlement of $1,000 or more is grand larceny (Va. Code § 18.2-95), a felony. If the act involves a breach of fiduciary duty or false pretense, charges under fraud statutes (Va. Code § 18.2-178) may apply, which can also be felonies.
Last verified: April 2026 | Fauquier County General District Court & Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s larceny and fraud statutes, visit the Virginia General Assembly code website (Title 18.2, Chapter 6). For Fauquier County court procedures and locations, refer to the Fauquier County General District Court official website.
Local Court Process for Embezzlement Charges in Fauquier County
Embezzlement cases in Fauquier County begin with an investigation, often by local law enforcement or a state agency. Misdemeanor petit larceny embezzlement cases are heard in Fauquier County General District Court. Felony grand larceny or fraud-based embezzlement charges start with a preliminary hearing in General District Court before potentially moving to Fauquier County Circuit Court for a jury trial. The Commonwealth’s Attorney for Fauquier County must prove you had lawful possession of the property based on trust and intentionally converted it for personal use.
- Initial Appearance & Bond: After arrest or summons, you will have a hearing in Fauquier County General District Court where bond conditions are set.
- Review of Discovery: Your attorney will obtain all evidence from the prosecution, including financial records, audit reports, and witness statements.
- Pre-Trial Motions: Your lawyer may file motions to suppress improperly obtained evidence or challenge the sufficiency of the charges.
- Preliminary Hearing (Felonies): For felony charges, a hearing is held in GDC to determine if there is probable cause to send the case to Circuit Court.
- Negotiation or Trial: Your defense attorney will negotiate for a reduction or dismissal, or prepare for a bench or jury trial in the appropriate court.
- Sentencing (if applicable): If convicted, sentencing can include restitution, fines, probation, or incarceration.
Potential Penalties for Embezzlement Convictions
In Fauquier County, an embezzlement conviction carries penalties based on the value of the property and the specific statute charged, ranging from misdemeanor to felony consequences.
| Charge / Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|
| Petit Larceny (Value under $1,000) – Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Restitution, criminal record |
| Grand Larceny (Value $1,000+) – Felony | 1 to 20 years (or, for some classes, 1-5 or 1-10 years) | At court’s discretion | Restitution, felony record, loss of professional licenses |
| Obtaining Money by False Pretense – Felony/Misdemeanor | Varies by value | Varies | Restitution, fraud record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Embezzlement Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex financial cases like embezzlement. Our background in accounting and information systems provides a unique advantage in dissecting financial evidence. We have a documented record of favorable outcomes across Virginia, including strategic defenses against charges of misappropriation of funds.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Our team, which includes former prosecutor Kristen Fisher, understands the tactics used by the Commonwealth’s Attorney in Fauquier County. We have secured favorable results for clients facing serious theft and fraud allegations through meticulous case preparation.
Local Presence and Availability for Fauquier County Residents
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We provide representation for residents in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. As an embezzlement lawyer Fauquier County residents can consult, we offer 24/7 phone availability and meetings by appointment.
Frequently Asked Questions: Embezzlement Defense
What is the difference between embezzlement and theft in Virginia?
It depends on the relationship. Theft generally involves taking property without permission. Embezzlement is a specific type of theft where you lawfully possessed the property based on a position of trust (like an employee or fiduciary) and then converted it for personal use. Both are prosecuted under Virginia’s larceny statutes.
Can I go to jail for a first-time embezzlement charge in Fauquier County?
Yes. Even a first-time Class 1 misdemeanor embezzlement charge carries a potential jail sentence of up to 12 months. For felony charges based on the amount, prison time is a possibility. An experienced white collar crime defense lawyer Fauquier County can work to mitigate these penalties, often arguing for alternatives like probation and restitution.
What are common defenses to an embezzlement charge?
Common defenses include lack of intent (you believed you were entitled to the funds), mistake of fact, insufficient evidence, duress, or that the owner authorized the transaction. A misappropriation of funds defense lawyer Fauquier County will analyze the specific facts to identify the strongest defense strategy for your case.
Will I have to pay restitution if convicted?
Almost certainly. Virginia courts routinely order restitution to the victim as part of the sentence in embezzlement cases. The amount must be proven, and your attorney can negotiate or contest the claimed losses.
Should I speak to investigators if I’m suspected of embezzlement?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately contact a criminal defense lawyer. Statements you make can be used to establish intent, a critical element the prosecution must prove.
Related Legal Services: If you are facing other serious charges, you may need a Fauquier County criminal defense lawyer. For broader state coverage, see our Virginia criminal defense hub. We also assist clients in neighboring areas like Fairfax County.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your embezzlement case.