Embezzlement Lawyer Virginia, VA

You’ve been charged with embezzlement after a financial discrepancy at your workplace. Perhaps you managed a company account, handled cash as a trusted bookkeeper, or had signing authority for a nonprofit — and now the business is accusing you of taking money that wasn’t yours. The accusation may spring from a bookkeeping error, a misunderstanding, or a false allegation, but the consequences under Virginia law are real and immediate. Embezzlement is prosecuted as larceny under Va. Code § 18.2‑111, which means you face possible jail time, fines, and a permanent criminal record. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to defending clients against embezzlement charges. We work to challenge the evidence, demonstrate a lack of fraudulent intent, and seek a favorable resolution. For a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Embezzlement Means in Virginia

Embezzlement in Virginia occurs when a person lawfully receives money or property belonging to another and then fraudulently converts it to their own use. The offense is covered by Va. Code § 18.2‑111, which provides that embezzlement is punished as larceny: the charge is treated as grand larceny if the value of the property allegedly taken is $1,000 or more, and as petit larceny if the value is less than $1,000. This value threshold determines whether the case is a felony or a misdemeanor.

A misdemeanor embezzlement charge is heard in the Virginia General District Court for the jurisdiction where the offense occurred. If the charge is a felony, the case begins in the General District Court with a preliminary hearing and then moves to the Circuit Court for trial. The Commonwealth’s Attorney for the locality prosecutes the case, and the court may impose a sentence that includes incarceration, a fine, restitution, and probation. The specific penalty depends on the value involved, the defendant’s record, and whether the conduct is charged as a state felony or, in some cases, as a federal offense. Embezzlement from a federally funded program or agency can bring federal charges under 18 U.S.C. § 641 or § 666, prosecuted by the U.S. Attorney’s Office in the Eastern or Western District of Virginia.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Embezzlement Cases

Every embezzlement case turns on whether the prosecution can prove fraudulent intent. Mr. Sris and the firm’s Of Counsel attorneys examine the relationship between the accused and the accuser, the flow of funds, and the documentary evidence to identify weaknesses in the Commonwealth’s case. We look for evidence of a misunderstanding, an accounting error, a lack of a fiduciary relationship, or the absence of any intent to permanently deprive the owner of the property. In many cases, we are able to show that no crime was committed.

Virginia law allows plea agreements under Supreme Court Rule 3A:8. While judges do not participate in plea negotiations, the Commonwealth’s Attorney may agree to amend the charge to a lesser offense or recommend a sentence that avoids incarceration. Our attorneys work to secure favorable outcomes, whether that means a dismissal, a reduction of the charge, or a favorable sentence after trial. Throughout the process, we explain the timing, the options, and what to expect from the local court.

Mr. Sris and the firm’s Of Counsel attorneys have handled criminal matters in Virginia courts for many years. We understand how prosecutors approach financial-crime cases, how to challenge forensic accounting evidence, and when to seek a pretrial resolution. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and has concentrated his practice on criminal defense ever since. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys bring extensive combined legal experience to every case. The group includes attorneys with backgrounds in law enforcement, prosecution, and complex litigation. Together, Mr. Sris and the firm’s Of Counsel attorneys serve clients throughout Virginia from the firm’s Fairfax location. For a consultation, call (888) 437‑7747.

Frequently Asked Questions

What is embezzlement under Virginia law?

Embezzlement is the fraudulent conversion of property that the accused lawfully possessed for another person or entity, punished as larceny under Va. Code § 18.2‑111. The law does not require the property to be taken by force or stealth; instead, the accused must have been entrusted with the property and then used it for an unauthorized purpose. The offense may involve money, checks, inventory, or other tangible personal property. The value of the property determines whether the charge is a misdemeanor or a felony.

What are the penalties for embezzlement in Virginia?

If the value of the embezzled property is less than $1,000, the offense is petit larceny, a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. If the value is $1,000 or more, the offense is grand larceny, a felony with a possible sentence of 1 to 20 years and a fine of up to $100,000. The court may also order restitution to the victim. A felony conviction carries additional consequences, including the loss of certain civil rights.

How does the value of the property affect the charge?

The value of the allegedly misappropriated property determines whether embezzlement is charged as a misdemeanor or a felony. The dividing line is $1,000: under that amount, the case is a misdemeanor in the General District Court; $1,000 or over, it is a felony prosecuted in the Circuit Court. The same conduct can be charged differently depending on how the Commonwealth’s Attorney values the property, so an accurate valuation is often a key area of dispute.

Can embezzlement charges be dropped or reduced in Virginia?

Yes, embezzlement charges can be dropped or reduced if the evidence of fraudulent intent is weak, or if the Commonwealth’s Attorney agrees to amend the charge to a lesser offense. The prosecutor may also enter a nolle prosequi, effectively dismissing the charge. Mr. Sris and the firm’s Of Counsel attorneys work to identify weaknesses in the prosecution’s case and to negotiate a favorable resolution whenever possible.

What should I do if I am accused of embezzlement?

If you are accused of embezzlement, do not discuss the case with anyone except your attorney, and preserve any relevant documents, emails, and financial records. Contact a criminal defense attorney immediately. Early legal representation is critical because the prosecutor may already be building a case, and what you say to investigators or colleagues can be used against you.

Is embezzlement a felony or misdemeanor in Virginia?

Embezzlement can be either a felony or a misdemeanor, depending on the value of the property involved. The threshold is $1,000. Below that amount, it is a Class 1 misdemeanor handled in the General District Court. At $1,000 or more, it is a felony, and the case proceeds to the Circuit Court after a preliminary hearing. Federal embezzlement charges, brought under 18 U.S.C. § 641, are always felonies.

Can an embezzlement charge be expunged from my record?

Expungement in Virginia is generally available only if the charge was dismissed, nolle prossed, or resulted in an acquittal. If you are convicted of embezzlement, the conviction will remain on your record. However, if the charge is dismissed or you are found not guilty, you may petition the circuit court to expunge the police and court records under Va. Code § 19.2‑392.2. Recent legislation has also created a record-sealing framework for certain convictions, though implementation is ongoing.

Do I need a lawyer for an embezzlement charge in Virginia?

Yes, you should have an experienced criminal defense lawyer when facing an embezzlement charge. Even a misdemeanor conviction can result in jail time and a permanent record that affects employment, professional licenses, and other opportunities. A defense attorney can evaluate the strength of the evidence, seek to have the charge reduced or dismissed, and represent you at trial if necessary. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does the Commonwealth’s Attorney handle embezzlement cases?

The Commonwealth’s Attorney reviews the evidence brought by the police or the complaining business, decides whether to file charges, and may engage in plea negotiations with the defense. The prosecutor may agree to amend the embezzlement charge to a lesser offense, such as a misdemeanor, or to recommend a particular sentence. The judge may accept or reject any plea agreement under Rule 3A:8, but the judge does not participate in plea discussions.

What are possible defenses to embezzlement?

Common defenses to embezzlement include lack of fraudulent intent, absence of a fiduciary or trust relationship, a mistake or bookkeeping error, and insufficient evidence that the accused ever possessed the property in question. The prosecution must prove that the accused intended to permanently deprive the owner of the property. If the accused believed in good faith that they were authorized to use the funds, or if the property was never entrusted to them in the first place, the charge may fail.

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Primary legal authority: Va. Code § 18.2‑111 · Va. Code § 18.2‑95 · Virginia Judicial System

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