Roanoke Theft Defense Lawyers

Providing Honest And Aggressive Representation

It’s common for people to use the terms robbery, burglary, and larceny interchangeably. But, the truth is that these are three separate crimes in the state of Virginia, each of which are aggressively prosecuted. If you have been accused of committing larceny , burglary, or robbery, contact a Roanoke criminal defense attorney of the Law Office of Seth C. Weston, PLC at once to discuss your theft case.

What Constitutes Larceny?

Larceny involves the unlawful taking of someone else’s property with the intent to deprive the rightful owner of the stolen property.

What is Petit larceny vs. Grand larceny?

There are two types of larceny that are recognized by state law: petty and grand larceny. The difference between these two crimes is the value of the property that has been stolen. Larceny is considered petty when it involves property that is less than $1,000.

However, if the property is stolen from someone’s direct control by the rightful owner, it is only considered petty larceny if the property is valued at less than $5. Petty larceny is not as serious as grand larceny, so it is classified as a class 1 misdemeanor.

If the property that is stolen is valued at more than $1,000, the crime is considered grand larceny, or grand larceny. It is also considered grand larceny if the property is stolen directly from the owner and is valued at more than $5.

The third and final type of grand larceny involves the unlawful taking of someone else’s firearm. Stealing a firearm is always considered grand larceny regardless of the value of the firearm.

All types of grand larceny are felonies that carry serious penalties, including possible time behind bars. Defendants who are convicted of grand larceny can face between 1-20 years in prison in addition to substantial fines.

What is Robbery?

Robbery is similar to larceny, so it’s not hard to see why people confuse the two crimes. There is one major difference between larceny and robbery: the latter involves the use of force or threats, whereas the former does not. If property is stolen through the use of force or while making threats against the victim, the crime is considered robbery, not larceny.

Is Robbery A Felony?

Robbery is considered a violent crime since it involves the use of force or threats. For this reason, robbery is a felony in Virginia.

Unfortunately, the law does not specify the amount of force that must be used in order to constitute robbery. This means that a crime can be considered robbery if the slightest bit of force is used.

Because robbery is a felony, a conviction comes with serious penalties. Defendants who are convicted of robbery can face anywhere between five years to life behind bars.

The law is slightly different for other types of robbery, specifically carjacking. This crime is also a felony, but it is punishable by between 15 years and life behind bars.

What is the Definition of Burglary?

Burglary is the act of breaking and entering into a building, home, or other structure in order to commit a crime while inside. For example, someone who breaks into a home and steals property from inside has committed burglary.

However, some burglary crimes do not involve larceny. For instance, breaking into a building in order to commit arson is considered burglary even though it does not involve the larceny of property. 

Is Burglary a Felony or a Misdemeanor?

Burglary is a felony crime in Virginia, but the class of felony can vary depending on the nature of the offense. Breaking into a home at night to commit a felony crime or any form of larceny is a class 3 felony, but it becomes a class 2 felony if you were armed with a weapon at the time the crime was committed.

This is true regardless of whether or not the weapon was used when the crime was committed. Breaking and entering in order to commit murder, arson, rape, or robbery is also a class 3 felony unless a deadly weapon is involved. The presence of a deadly weapon increases the crime to a class 2 felony.

If someone burglarizes a building or home with the intent to commit a misdemeanor while inside, other than assault and battery or trespassing, the crime is a class 6 felony. But, if the defendant was armed with a deadly weapon, the crime is a class 2 felony regardless of whether or not the defendant intended to commit a misdemeanor while inside.

Even the possession of burglary tools is a felony in Virginia. This crime is charged as a class 5 felony.

Can A Burglary Charge Be Reduced or Dropped?

An experienced burglary attorney will know how to beat a burglary charge. Sometimes, the best way to beat the charge is to negotiate to have it reduced to a less serious crime.

For example, let’s say you are facing class 3 felony charges for breaking and entering with the intent to commit a felony crime. Your larceny crimes attorney in Roanoke may be able to prove that you intended to commit a misdemeanor crime, not a felony crime, once inside. If the prosecutor agrees, the class 3 felony charges will be dropped to class 6 felony charges, which carry lighter penalties.

If your theft attorney believes the case against you is weak, he may be able to convince the prosecution to drop the charges altogether. Each case is unique, so each burglary defense is unique as well. Criminal defense attorney Seth C. Weston will analyze your theft case to determine the best way to defend you against the charges.

Defending Against Shoplifting Charges in Roanoke and Southwest Virginia

Shoplifting is one of the most common theft offenses prosecuted in Roanoke and throughout Southwest Virginia, but many people don’t realize how seriously the legal system treats these charges. What may seem like a minor incident can result in a criminal record that creates lasting consequences for your career, housing, and reputation.

Under Virginia law, shoplifting falls under the larceny statutes. If the merchandise is valued at less than $1,000, the charge is typically petit larceny, a class 1 misdemeanor. If the value exceeds $1,000, the charge escalates to grand larceny, a felony carrying up to 20 years in prison. Repeat shoplifting offenses can also be elevated to felonies regardless of the value of the items involved.

Retailers and prosecutors in Roanoke, VA often pursue these cases aggressively, sometimes relying on loss prevention reports, surveillance footage, and statements taken at the time of the incident. However, this evidence is not always as strong as it appears. Theft attorneys in Roanoke can challenge the accuracy of the store’s valuation, question how loss prevention handled the detention, and examine whether your constitutional right against unlawful search was respected.

In some cases, first-time offenders may be eligible for programs that result in charges being dismissed upon completion. These alternatives can keep a conviction off your record entirely, but navigating them requires a criminal defense lawyer who understands the local court system and knows which options are available for your criminal offense case. Contact our criminal lawyers at (540) 384-4585 for an initial consultation to discuss your theft case.

How a Theft Conviction Can Affect Your Future in Virginia

Many people accused of theft offenses in Roanoke focus on the immediate penalties like fines and jail time without fully considering how a conviction can follow them for years. Understanding the long-term consequences can help you see why mounting a strong defense with experienced theft defense lawyers in Roanoke is so important.

Employment. A theft conviction is classified as a crime of moral turpitude in Virginia, which carries particular weight with employers. Background checks will reveal the conviction, and many industries, including finance, healthcare, government, and education, routinely disqualify candidates with theft-related offenses on their record. Even entry-level positions that involve handling money or merchandise may become difficult to secure.

Housing. Landlords throughout Central and Southwest Virginia increasingly screen applicants for criminal history. A felony theft conviction, like grand larceny, can severely limit your rental options, while even a petit larceny misdemeanor may raise red flags during the application process.

Professional licensing. If you hold or are pursuing a professional license in Virginia, a conviction involving moral turpitude can trigger disciplinary review, denial of licensure, or revocation of an existing license.

Immigration consequences. For non-citizens, a theft conviction can result in deportation proceedings or denial of visa and citizenship applications.

A criminal defense lawyer at the Law Office of Seth C. Weston can fight to protect your future by pursuing reduced charges, dismissal, or other legal strategies that keep a theft conviction off your record.

What to Expect During the Theft Defense Process in Roanoke, VA

Being accused of a theft crime in Roanoke, VA can be a confusing and stressful experience, especially if you’ve never been involved in the criminal justice system before. Knowing what to expect as your case moves forward can help you make informed decisions and avoid mistakes that could hurt your defense.

Arrest and arraignment. After an arrest for a theft offense, you’ll appear before a judge who will read the charges against you and set bail conditions. This is your first opportunity to have a criminal attorney advocate on your behalf, and having legal representation at this stage can influence whether you’re released and under what terms.

Evidence review and investigation. Your theft defense attorneys in Roanoke will review the prosecution’s evidence, including surveillance footage, witness statements, police reports, and any physical evidence collected at the scene. This phase is critical because it’s where your defense lawyer identifies weaknesses, procedural errors, and constitutional violations that could lead to evidence being suppressed or charges being reduced.

Pre-trial negotiations. In many theft cases, your attorney can negotiate with the prosecutor before the case reaches trial. Depending on the circumstances surrounding the offense and the strength of the evidence, these negotiations may result in reduced charges, participation in a diversion program, or dismissal.

Trial. If a fair resolution cannot be reached, your case proceeds to trial where the prosecution must prove guilt beyond a reasonable doubt. Theft defense lawyers in Roanoke, like Seth C. Weston, have extensive experience presenting strong defense strategies in the courtroom and holding prosecutors to the highest standards of proof.

Contact Our Award-Winning Roanoke Defense Law Firm To Discuss Your Burglary, Robbery, or Larceny Charges

Have you been accused of committing the crimes of burglary, larceny, or robbery? If so, seek legal representation from experienced theft crime attorney Seth C. Weston at once.

Seth C. Weston will aggressively fight to protect your rights and reach the best possible outcome in your theft case. To schedule a free consultation, call (540) 384-4585 or fill out the brief form on our website.