Fraud Lawyer Fairfax County, VA
You opened the summons and the charge reads: obtaining money by false pretenses, a violation of Virginia Code § 18.2-178. The document says you are accused of fraud — a word that can affect your employment, your professional license, and your standing in the community. A fraud conviction in Fairfax County can mean jail time, a permanent criminal record, and a felony that follows you for life. Law Offices Of SRIS, P.C. provides experienced criminal defense representation to people facing fraud allegations in Fairfax County. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Fraud Charge Unfolds in Fairfax County
A fraud case in Fairfax County typically begins with an investigation, followed by an arrest warrant or a summons to appear in court. The charge will be prosecuted by the Fairfax Commonwealth’s Attorney. Depending on the value of the property or money involved, the case may be heard in the Fairfax County General District Court—located at 4110 Chain Bridge Road, Fairfax, VA 22030—or in the Fairfax County Circuit Court. Misdemeanor fraud offenses stay in the General District Court, while felony fraud charges begin with a preliminary hearing in the General District Court before moving to the Circuit Court for trial or resolution.
At the arraignment, you will be informed of the charge and your right to counsel. The court may address bail conditions: for many first-offense misdemeanors, the magistrate sets personal recognizance, while felony allegations typically involve a secured bond. Throughout the process, the prosecutor must prove each element of the fraud offense beyond a reasonable doubt. Having an attorney who practices regularly in Fairfax County courts ensures you understand the procedural steps and the possible outcomes at each stage.
Under Virginia law, obtaining money by false pretenses is punished as larceny. If the value is $1,000 or more, it is grand larceny, a felony. If less than $1,000, it is petit larceny, a Class 1 misdemeanor.
Source: Va. Code § 18.2-178 (false pretenses), § 18.2-95 (grand larceny), § 18.2-96 (petit larceny). Virginia Code Title 18.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Potential Penalties
A petit larceny fraud conviction, a Class 1 misdemeanor, carries up to 12 months in jail and a fine of up to $2,500. A grand larceny fraud conviction, a felony, can result in 1 to 20 years imprisonment. In addition to incarceration, a felony fraud record can affect employment opportunities, housing applications, professional licenses, and firearm possession rights. The court may also order restitution to alleged victims. Because the stakes are significant, building a thorough defense early is essential.
Defense Strategies for Fraud Charges
Fraud charges require the prosecution to prove an intent to defraud—a specific state of mind. Many defenses challenge the prosecution’s ability to establish this intent. For instance, a misunderstanding or a business dispute that went wrong may lack the dishonest intent required for a fraud conviction. Evidence may also be challenged if it was obtained improperly, or the value of the property may be contested to reduce a felony to a misdemeanor. In some cases, procedural or discovery violations can provide grounds for a dismissal or a favorable resolution. An experienced attorney reviews every aspect of the Commonwealth’s case, examines the financial records and communications, and identifies weaknesses that can be raised during negotiations or trial.
Fairfax County judges and prosecutors are familiar with a range of fraud scenarios—from credit card fraud and identity theft to false pretenses in real estate transactions. Each case requires an approach tailored to the specific facts and the applicable Virginia statute. Mr. Sris and his Of Counsel team bring extensive combined legal experience to fraud defense, using their deep familiarity with Fairfax County courts to pursue outcomes that minimize the impact on a client’s future.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., began his legal career as a prosecutor. Now, as a defense attorney, he applies that prosecutorial insight to each fraud case—understanding how the other side builds its case enables the firm to anticipate the Commonwealth’s strategy and construct a thorough defense. 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 to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris’s Of Counsel team includes attorneys with extensive backgrounds in Virginia criminal defense, including a former Virginia State Trooper who viewed criminal investigations from the enforcement side, and a former Maryland prosecutor. The collective experience of the team—practicing in Fairfax County, Arlington, Loudoun, and across Northern Virginia—strengthens the firm’s ability to handle fraud cases at every stage, from investigation through trial.
Frequently Asked Questions About Fraud Defense in Fairfax County
What is considered fraud under Virginia law?
Fraud in Virginia generally involves a scheme to deceive another person for financial gain, including offenses such as obtaining money by false pretenses, credit card fraud, forgery, and identity theft. The specific statute often applied is Va. Code § 18.2-178, which criminalizes using false statements or representations to obtain money, property, or a signature with the intent to defraud. Other fraud-related offenses appear in the Virginia Crimes Code under Title 18.2, each with its own elements.
Is obtaining money by false pretenses a felony or misdemeanor?
It depends on the value of the money or property obtained. Under Virginia law, if the value is $1,000 or more, the offense is grand larceny—a felony punishable by imprisonment of 1 to 20 years. If the value is less than $1,000, it is petit larceny, a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500. The charging document will typically indicate the value and the specific charge.
What should I do if I am accused of fraud in Fairfax County?
Do not discuss the case with anyone except your attorney, and contact a criminal defense lawyer as soon as possible. Preserve any documents, emails, or records related to the transaction. Early involvement of an attorney can affect how the case is charged, whether bail conditions are favorable, and what evidence is preserved. Your attorney can also communicate with the prosecutor on your behalf to potentially resolve the matter before a preliminary hearing.
Can fraud charges be dismissed in Fairfax County?
Yes, fraud charges can be dismissed if the evidence is insufficient, procedural errors occurred, or the prosecutor determines that the case cannot be proven beyond a reasonable doubt. Dismissals often result from successful pretrial motions, lack of intent to defraud, or after completion of a first-offender program if available. However, many fraud cases involve financial records and witness testimony that require careful analysis to identify grounds for dismissal.
How does the court process work for a fraud case in Fairfax County?
Misdemeanor fraud cases are heard in the Fairfax County General District Court, while felony fraud cases begin with a preliminary hearing in the General District Court before proceeding to the Fairfax County Circuit Court. The process includes arraignment, discovery, motions, and possibly a trial. In Circuit Court, you have the right to a jury trial. Throughout, the Commonwealth’s Attorney must prove each element of the fraud offense beyond a reasonable doubt.
What defenses are available for a fraud charge?
Common defenses include lack of intent to defraud, mistake of fact, insufficient evidence, duress, and entrapment. The prosecution must prove that you knowingly made a false representation with the specific intent to defraud. If the transaction was a genuine business disagreement, a misunderstanding, or an error, these facts can undercut the intent element. An attorney may also challenge the admissibility of evidence or the credibility of witnesses.
Will a fraud conviction stay on my record permanently?
Yes, a fraud conviction generally remains on your criminal record and can affect employment, housing, and professional licensing. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2, but most convictions cannot be expunged. However, some first-offender programs may lead to a dismissal with no conviction if successfully completed. Discuss your eligibility with an attorney.
Do I need a lawyer for a fraud charge in Fairfax County?
Yes, having an experienced criminal defense lawyer is critical because a fraud charge can result in jail time, a felony record, and collateral consequences that last long after any sentence is served. An attorney evaluates the evidence, identifies defenses, negotiates with the prosecutor, and represents you at trial if necessary. In Fairfax County, where the Commonwealth’s Attorney handles a high volume of cases, an attorney familiar with local court practices can make a meaningful difference in the outcome.
How much does a fraud defense lawyer cost?
Legal fees for a fraud defense depend on the complexity of the case, the stage at which you hire counsel, and whether the matter proceeds to trial. Many defense attorneys offer an initial consultation to discuss the case and fee structure. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation and receive an assessment of your situation.
What is the first step after being charged with fraud?
Contact an attorney immediately and refrain from discussing the facts with anyone else. An attorney will review the charging documents, explain the possible penalties, advise you on interacting with law enforcement or the court, and begin investigating the case. Quick action can affect bond conditions, evidence preservation, and the overall direction of your defense.
If you are facing a fraud charge in Fairfax County, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our Fairfax location serves clients throughout Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Related practice areas: Prince William County Criminal Defense | Stafford County Criminal Defense | Fauquier County Criminal Defense | Loudoun County Criminal Defense | Arlington County Criminal Defense
Resources: Virginia Code | Fairfax County General District Court | Virginia Judicial System
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Results may vary. Case results depend on a variety of factors unique to each case. Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.