Embezzlement Lawyer Fauquier County, VA
An embezzlement charge in Fauquier County can disrupt your career, your reputation, and your freedom. Embezzlement is prosecuted under Va. Code § 18.2-111, which punishes the wrongful use or conversion of property entrusted to someone’s care as larceny. The severity of the charge and the potential consequences depend on the value of the property involved. Cases involving less than $1,000 are treated as petit larceny, a Class 1 misdemeanor, while cases involving $1,000 or more are treated as grand larceny, a felony. Both are heard in Fauquier County’s courts: misdemeanor trials and felony preliminary hearings take place at the Fauquier County General District Court, located at 6 Court Street in Warrenton, while felony jury trials and appeals proceed to the Fauquier County Circuit Court. The Commonwealth’s Attorney for Fauquier County prosecutes embezzlement cases. Law Offices Of SRIS, P.C., founded in 1997, represents individuals facing embezzlement allegations throughout the county, including the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. Mr. Sris and his Of Counsel bring extensive criminal defense experience to each matter. For a confidential consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Embezzlement Means in Fauquier County
Under Virginia law, embezzlement occurs when a person lawfully possesses another’s money or property by virtue of employment, a fiduciary relationship, or a position of trust, and then fraudulently converts it to their own use. Va. Code § 18.2-111 defines the offense and directs that it be punished according to the value of the property taken. The statute does not require a direct theft in the traditional sense; rather, it criminalizes the betrayal of trust. In Fauquier County, the prosecution must prove that the defendant had a relationship of trust, that the property was received in that capacity, and that the defendant intended to permanently deprive the owner of it.
Because embezzlement charges hinge on the value involved, understanding the classification thresholds is critical. The following verified penalty framework applies in every Fauquier County embezzlement case:
Under Va. Code § 18.2-111, embezzlement is punished as larceny: a felony if the property value is $1,000 or more, and a Class 1 misdemeanor if under $1,000.
Source: Va. Code § 18.2-111; § 18.2-95; § 18.2-96. Virginia Code ? Embezzlement
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
A Class 1 misdemeanor in Virginia carries a maximum penalty of 12 months in jail and a fine.
Source: Va. Code § 18.2-8. Virginia Code Classification of Crimes
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Consequently, an embezzlement conviction can result in incarceration, a substantial fine, and a permanent criminal record. Beyond the direct punishment, a felony conviction can affect voting rights, firearm ownership, and future employment. Mr. Sris and his Of Counsel examine every aspect of the prosecution’s case, including how the property value was calculated, whether the defendant had the requisite intent, and whether the relationship of trust meets the statutory definition. In Fauquier County, the Commonwealth’s Attorney’s Office prosecutes these matters, and experience with local courtroom practices can be important when evaluating how a case might proceed.
How Mr. Sris and His Of Counsel Handle Embezzlement Cases
When a person is accused of embezzlement, the investigation often begins well before an arrest. Law enforcement or the alleged victim may have gathered financial records, emails, and internal accounting documents. Mr. Sris and his Of Counsel start by reviewing these materials to identify evidentiary weaknesses. They assess whether the accused genuinely had lawful possession of the property, whether an unauthorized conversion occurred, and whether the accused acted with fraudulent intent. Many embezzlement cases hinge on the interpretation of bookkeeping entries or the existence of an honest mistake, and experienced counsel scrutinizes every document.
Because embezzlement charges can be reduced or dismissed if the evidence of fraudulent intent is insufficient, Mr. Sris and his Of Counsel work to present a complete factual narrative to the prosecutor. In Virginia, plea agreements are available under Rule 3A:8 of the Rules of the Supreme Court of Virginia, and the Commonwealth’s Attorney may agree to amend charges when appropriate. Mr. Sris, a former prosecutor, understands the prosecutorial perspective and uses that insight to advocate for favorable resolutions. Throughout the process, the attorney team communicates with the client about each step, from the preliminary hearing in the Fauquier County General District Court to any potential trial in the Fauquier County Circuit Court.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. A former prosecutor, he has practiced criminal defense for over two decades across Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris works alongside a dedicated Of Counsel team engaged through Excella. Together, 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. In Fauquier County, the firm has documented 1 criminal case result: 1 reduced or amended?—?a favorable outcome.
Frequently Asked Questions
How does a Virginia lawyer defend against embezzlement charges?
Defense strategies for embezzlement in Virginia focus on challenging the elements of fraudulent intent, the existence of a trust relationship, and the accuracy of the property valuation. Because the statute requires proof that the defendant acted with specific intent to permanently deprive the owner, an attorney may demonstrate that the alleged conversion was the result of a bookkeeping error, an authorization misunderstanding, or an honest mistake. Counsel also examines whether the prosecution can establish that the defendant actually received property in a fiduciary capacity. In Fauquier County, these defenses are raised at the preliminary hearing stage in General District Court or, in felony cases, before the Circuit Court.
What should I do if I am facing embezzlement charges in Virginia?
If you are facing embezzlement charges in Fauquier County, contact an experienced criminal defense attorney without delay and refrain from discussing the case with anyone other than your lawyer. Preserve any financial records, emails, or other documents that may relate to the allegation, but do not alter or destroy evidence. Virginia’s rules of criminal procedure require prompt action, and early attorney involvement can be critical when the Commonwealth’s Attorney is evaluating whether to pursue charges. Law Offices Of SRIS, P.C. can be reached at (888) 437-7747 to schedule a consultation.
What court will my embezzlement case be heard in Fauquier County?
Misdemeanor embezzlement cases, where the value of the property is under the statutory threshold, are heard in the Fauquier County General District Court; felony cases, involving an amount at or above that threshold, proceed through a preliminary hearing in the General District Court and, if certified, are tried in the Fauquier County Circuit Court. The General District Court is located at 6 Court Street, Warrenton, VA 20186. The Circuit Court, also in Warrenton, handles felony trials and any appeals from the General District Court.
Can embezzlement charges be expunged in Fauquier County, Virginia?
Virginia law allows the expungement of embezzlement charges only when the case ends in an acquittal, a dismissal, or a nolle prosequi. Under Va. Code § 19.2-392.2, a person whose charge did not result in a conviction may petition the Fauquier County Circuit Court to expunge the related police and court records. Most convictions cannot be expunged. First-offender programs or deferred dispositions, where applicable, may lead to a dismissal that subsequently becomes eligible for expungement. A criminal defense attorney can advise whether your embezzlement matter qualifies.
Do I need an embezzlement defense lawyer in Fauquier County?
While you are not legally required to hire an attorney, an embezzlement charge carries potential jail time, a substantial fine, and a permanent criminal record that can affect employment, professional licenses, and security clearances. Even a misdemeanor conviction can have lasting consequences. Mr. Sris and his Of Counsel evaluate the specific facts of each case, from the underlying financial records to the strength of the prosecution’s evidence, and work to pursue the most favorable outcome possible. For a confidential consultation, call (888) 437-7747.
Related practice areas across Northern Virginia:
Fairfax County criminal lawyer ·
Prince William County criminal lawyer ·
Stafford County criminal lawyer
Additional resources: Virginia Code Title 18.2 (Crimes and Offenses) · Virginia courts
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Case results depend on a variety of factors unique to each case.