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If you or someone you love has been charged with federal bank robbery, or already convicted of it, here is what the charge means, what the government has to prove, and what sentence it can carry. It is a serious charge, and a conviction can affect the rest of your life. Whether you are fighting the charge or challenging a conviction and sentence, it pays to act right away.
Preparing early helps at every stage, including at sentencing, where sentencing guideline enhancements (rules that raise the recommended sentence) can add years. Brandon Sample, a federal criminal defense lawyer at Criminal Center, works with people facing bank robbery charges at every stage, from a new arrest to a challenge to a conviction or sentence.
What is federal bank robbery?
Federal bank robbery is defined in 18 U.S.C. § 2113, which also sets the penalties. Under § 2113(a), a person commits bank robbery if they, "by force and violence, or by intimidation," take or try to take money or property from a person at a bank, or obtain or try to obtain it by extortion, when the money or property belongs to or is held by a bank, credit union, or savings and loan. "Intimidation" can be as simple as a note or words that make a teller afraid.
The attempt is part of § 2113(a) itself, so trying and failing is still a crime. Section 2113(a) also makes it a crime to enter, or try to enter, a bank intending to commit a felony or theft there. A lawyer can walk you through these elements and how the facts of your case fit them.
You can face charges even if you only took part in a bank robbery and never took any of the bank's money yourself. Under the federal aiding-and-abetting law, 18 U.S.C. § 2, a person who helps commit a federal crime can be punished as if they committed it. That can also put you at risk if a partner commits other crimes during the robbery.
Why is a bank robbery a federal case?
A bank robbery can be a federal crime even if no one crossed state lines. What makes it federal is the kind of bank involved. Section 2113 covers banks that are members of the Federal Reserve System or whose deposits are insured by the FDIC, federal credit unions and federally insured credit unions, and federally insured savings and loans (18 U.S.C. § 2113(f)–(h)). That covers most banks in the country.
Because of that federal connection, the penalties are much harsher than for many theft crimes. The use of force or intimidation is what makes the crime a robbery rather than a theft. Keep in mind that the same act can also be charged in state court.
What are the penalties for federal bank robbery?
All of the penalties in 18 U.S.C. § 2113 are serious. They go up depending on whether force was used, whether a weapon was involved, and whether anyone was hurt or killed:
- Robbery by force, violence, or intimidation, § 2113(a): up to 20 years in federal prison.
- Bank theft without force, § 2113(b): up to 10 years if the property is worth more than $1,000; up to 1 year if it is worth $1,000 or less.
- Knowingly receiving, hiding, or selling property stolen from a bank, § 2113(c): the same penalty as the theft under § 2113(b).
- Assaulting someone, or putting a life in danger with a dangerous weapon or device, during a robbery or attempt, § 2113(d): up to 25 years.
- Killing someone, or forcing someone to go with you, during the robbery or the escape, § 2113(e): at least 10 years and up to life; if someone dies, life in prison or the death penalty.
If a gun was used, prosecutors often add a separate charge under 18 U.S.C. § 924(c). It carries a mandatory minimum of 5 years (7 if the gun was brandished, 10 if it was fired), and that time must be served after the robbery sentence.
Criminal Center's guide to federal robbery chargesIt explains bank robbery under § 2113 alongside Hobbs Act robbery, and what each can carry.
How does the judge decide the actual sentence?
The numbers above are maximums and minimums set by Congress. The actual sentence is largely shaped by the U.S. Sentencing Guidelines, which raise or lower the recommended range based on facts like weapons, injuries, how much was taken, and your criminal history. Because the sentences can be long, it is important to have a lawyer involved as early as possible.
Any of these sentences can also include large fines and restitution, which is an order to pay back the bank or victims. These can cause real hardship after a conviction. A lawyer can raise issues at sentencing that may affect the guideline range, fines, and restitution.
For a deeper look at how federal sentences are calculated, see sentencing.net.
Federal sentencing at sentencing.net
Can a bank robbery victim also sue?
Yes. If someone is hurt during a bank robbery, that person may also file a civil lawsuit against the defendant, on top of any criminal penalties and fines. This is true whether or not the defendant expected anyone to be harmed.
What if your loved one was already convicted?
Brandon Sample also handles appeals of federal bank robbery convictions and sentences. There may still be options, such as a direct appeal or a 2255 motion, which asks the judge who imposed the sentence to throw it out because something went seriously wrong in the case.
Timing matters. In a federal criminal case, the notice of appeal generally must be filed within 14 days after the judgment (the court's written order of conviction and sentence) is entered (Federal Rule of Appellate Procedure 4(b)(1)(A)). If the judgment was entered recently, get advice right away.
2255 motions at 2255motion.com
What should you do next?
Book a consultation to talk it through with Brandon Sample.
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