Top Roanoke VA Petit Larceny Defense Lawyer • 1500+ Reviews
Stealing in Roanoke VA is a crime. If you take something from someone else and have no intention of returning it, then you can be in trouble. Petit larceny is the unlawful taking of personal property. Petit larceny is also referred to as petty larceny. The word “petit” is French for small. Va. Code § 18.2-96 criminalizes petit larceny as a larceny not from the person of another valued at less than $1,000 or as a larceny from a person at a value of less than $5. Petit larceny is a misdemeanor criminal offense except in cases involving a firearm or a third offense. Roanoke aggressively prosecutes these cases. Contact a top rated Roanoke VA petit larceny lawyer for help!
Related Roanoke Defense Pages
- Roanoke Criminal Defense Lawyer
- Roanoke Shoplifting Lawyer
- Roanoke Traffic Lawyer
- Roanoke DUI / DWI Lawyer
- Roanoke VA Overview
For broader statewide guidance, see our Virginia Petit Larceny Lawyer page.
Experienced Roanoke VA Criminal Law Trial Attorneys Fighting For You
Riley & Wells Attorneys-At-Law are established local Roanoke VA petit larceny defense attorneys that specializes in defending petit larceny criminal cases. Our Roanoke VA petit larceny lawyers represent clients who have been charged with this type of offense. We zealously defend each client with the goal to achieve the best possible outcome. We are recognized as a “Best Law Firm” by U.S. News & World Report. We have extensive experience with defending petit larceny allegations before the Roanoke Courts. We have over 60 years of combined criminal law experience. Our firm has been positively reviewed more than any other law firm that defends criminal cases in Roanoke.
Most Rated Roanoke Petit Larceny Defense Attorneys
Free Roanoke VA Consultation with Top Rated Petit Larceny Lawyers
The biggest issue with representing yourself after being accused of petit larceny in Roanoke is lack of experience. Petit larceny cases are adversarial in nature and most folks in this situation lack experience on how to either handle a police encounter or to present valid defenses before the Roanoke Courts. Our top rated Roanoke VA petit larceny lawyers know the best tactics for obtaining the best results. Our lawyers spend hours in the Roanoke VA Courts every week and are familiar with the habits of the different judges who preside over these cases. This local knowledge is invaluable when defending a Roanoke petit larceny case.
Roanoke VA Petty Larceny Attorneys Recognized by Super Lawyers
Super Lawyers is a lawyer rating service of outstanding attorneys from more than 70 practice areas including petit larceny defense who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top lawyers nationwide across a variety of practice areas and firm sizes. Our Roanoke VA petit larceny defense lawyers have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated Roanoke VA petit larceny attorney who has been recognized with this elite award.
Local Roanoke VA Petit Larceny Defense Lawyers Make The Difference
Our Roanoke VA petit lawyers represent clients accused of theft offenses before the Roanoke Courts EVERY week. We believe clients benefit from this experience. Experienced criminal law trial lawyers who are regularly in the same courtrooms before the same Judges develop unique skills that can be used to protect future clients. CAUTION: Not all lawyers are the same. Retain a professional who specializes in criminal defense and has the necessary experience to properly defend your case. There is a lot riding on your case. Some lawyers simply do not possess the skills to defend your case properly. NOTE: A petit larceny criminal accusation is not the same as a conviction.
How Petit Larceny Is Handled in the Roanoke Courts
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Where will I have to appear for my petit larceny case?
The case is heard in the Roanoke City General District Court (if charged within city limits) or the Roanoke County General District Court (if charged outside city limits). If the accused is under 18, then the case will be heard in the respective Juvenile & Domestic Relations District Court. -
Arrest or summons:
Many Roanoke petit larceny cases start with the issuance of a Virginia Uniform Summons where you simply have to sign the summons to promise to appear in court, similar to a traffic ticket. If arrested then you will be taken before the magistrate and will have to bond out. -
Arraignment:
At the arraignment or advisement, you will be formally advised of the charge by the Roanoke Judge and of your right to a Roanoke defense attorney. -
Trial:
Petit larceny trials at the District Court level are tried by the Roanoke Judge. If convicted at the District Court level, the defendant has an absolute right to appeal to the Roanoke Circuit Court within 10 days. The right to trial by Jury is an option in the Roanoke Circuit Court.
Shoplifting in Roanoke is a Form of Larceny
Shoplifting is a property crime and is punished like larceny. It is the theft of goods from a Roanoke retail establishment during business hours. A typical scenario involves concealing a Roanoke store item on one’s person in pockets, under clothes or in a bag and leaving without paying. A key element of the offense is that the taking is done knowingly. The offense is punishable as petit larceny if the value of the merchandise is less than $1,000. The offense occurs as soon as the item is concealed. Shoplifting does not require leaving the store or going past the line of cash registers. Return fraud and swapping price labels from items are other forms of shoplifting.
Petit Larceny Defenses Even if You Think You Are Guilty
Shoplifting and/or petit larceny in Roanoke requires the taking of personal property without consent and that the taking be done with the intent to deprive the owner of the personal property at issue permanently. Lack of criminal intent can sometimes be insufficient. Consent, duress and ownership issues can create defenses. On the other hand, skilled Roanoke VA shoplifting attorneys can develop procedural defenses, challenge the evidence, present mitigation evidence and secure attractive plea options to successfully resolve Roanoke petit larceny shoplifting cases even if you think you are guilty of the accusation. It is important to note that Va. Code 18.2-105.1 allows a shop owner or its loss prevention officer to temporarily detain in individual if they have probable cause.
Specific Roanoke Virginia Petit Larceny Defenses
Mistaken Identity:
This can be a strong defense if the Roanoke Commonwealth Attorney cannot prove beyond a reasonable doubt that the defendant was the one who took the item in question.
Claim of Ownership:
If your Roanoke VA petit larceny defense attorney can prove that the goods in question actually belonged to the accused, then this can undermine the Roanoke Commonwealth Attorney’s case.
Proof of Payment:
A compelling defense can be proof of payment. If the defense can show that the accused paid for the property, then the Roanoke Commonwealth Attorney will have a hard time proving petit larceny beyond a reasonable doubt.
Unintentional Placement:
If someone else placed the merchandise in the defendant’s bag without their knowledge, this can be a strong defense.
Intent to Pay:
If the defendant can show they genuinely intended to pay for the merchandise, this can mitigate their culpability.
Lack of Intent to Permanently Deprive:
Petit larceny requires the intent to permanently deprive the owner of the property. If your Roanoke VA petit larceny defense lawyer can show that the accused did not intend to steal the item, but rather had an intention to return it or made a mistake (like taking the wrong bag), then this can be a defense.
Illegal Search and Seizure:
The Roanoke Commonwealth Attorney’s petit larceny case will be weakened if the Roanoke Police obtained evidence through an illegal search because that evidence would not be inadmissible at court during trial.
First Offender Programs:
Sometimes a top rated Roanoke petit larceny lawyer is able to convince the Court and the Roanoke Commonwealth Attorney to defer and dismiss the case through a first offender program. This type of disposition may allow the accused to keep a clean record by performing paying restitution, keeping the peace and being on good behavior during a probationary period, completing community service and classes even if the evidence would be sufficient to convict.
Superb Avvo Rated Roanoke VA Petit Larceny Attorneys
The Avvo Lawyer Rating can help you find the right Roanoke Virginia petit larceny defense attorney for your case. Avvo was derived from “avvocato”, the Italian word for lawyer. Avvo is a legal directory that rates legal professionals using a mathematical model on a scale of 1 (Extreme Caution) to 10 (Superb). Our Roanoke Virginia petit larceny lawyers maintain a 10.0 Superb Avvo rating. Avvo collects relevant information from state bar associations, other organizations that license lawyers, legal professionals and thousands of consumers to calculate its rating. The same set of standards are used for every lawyer that is evaluated. The Avvo rating is merit based. You cannot pay a fee to improve your Avvo rating.
The Jail Penalty is Real in Roanoke VA Petit Larceny Cases
Petit larceny in Roanoke is a criminal offense. Petit larceny is a crime of moral turpitude. Moral turpitude is a legal term for an act that gravely violates community standards of morality, justice, and honesty. The offense is a misdemeanor because the alleged amount at issue is less than $1000. Penalties include incarceration if convicted. At the arraignment, the Roanoke Judge will advise the petit larceny defendant of their constitutional right to hiring their own lawyer. Do not take any chances at this point. Retain a top rated Roanoke VA petit larceny lawyer with the experience to present your best defense. The Roanoke Commonwealth Attorney aggressively prosecutes petit larceny offenses.
Frequently Asked Questions
Is petit larceny a criminal offense in Roanoke?
Yes. Petit larceny is a criminal offense in Virginia. It is generally charged as a misdemeanor when the value involved is below the felony threshold, although some cases can become more serious depending on the facts and prior record.
Do I have to go to court for a petit larceny charge in Roanoke?
In most cases, yes. Petit larceny is a criminal charge and should not be treated like a prepaid traffic offense. Ignoring the court date can create additional legal problems.
Can a Roanoke petit larceny case start with a summons instead of an arrest?
Yes. Some petit larceny cases begin with a Virginia Uniform Summons requiring the accused to appear in court, while other cases may involve an arrest and a magistrate process. The exact procedure depends on how the charge was handled at the outset.
Is shoplifting the same thing as petit larceny?
Shoplifting is a form of larceny. In many Roanoke cases, shoplifting allegations involving lower-value merchandise are charged and punished as petit larceny offenses.
What defenses may apply in a Roanoke petit larceny case?
That depends on the facts. Possible issues may include mistaken identity, proof of payment, lack of intent, claim of ownership, unintentional possession, or weaknesses in the store, witness, or police evidence.
Can a first-offender outcome be possible in a Roanoke petit larceny case?
Sometimes. Depending on the facts, the client’s record, and the position of the court and prosecutor, some cases may qualify for a deferred or first-offender-type resolution focused on keeping a conviction off the record.
Can a Roanoke petit larceny charge lead to jail?
Yes. Petit larceny is a criminal offense, and jail exposure can be part of the potential penalty. The seriousness of the risk depends on the facts of the case, the record involved, and how the case is resolved.
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8/18/2025 | Updated 3/26/2026