18 U.S.C. § 2113 - Federal Bank Robbery and Incidental Crimes
Despite advanced surveillance systems and safes that automatically lock, bank robberies still happen often in California and throughout the U.S.
All states have laws against robbery and theft. Still, when a federal institution is involved, it becomes a federal offense—because most banks and credit unions are federally insured.
Federal bank robbery charges carry severe penalties, including life imprisonment or even the death penalty.
Because the penalties for a conviction are severe, you should act quickly if you are under investigation or have been indicted for bank robbery under 18 U.S.C. 2113. Not all banks, credit unions, or savings and loans qualify under this law.
The robbed bank must be a member of the Federal Reserve System or have deposits insured by the Federal Deposit Insurance Corporation.
To provide useful information about federal bank robbery charges, our federal criminal defense lawyers are providing an overview below.
Legal Definition of Bank Robbery
Title 18, Section 2113 of the United States Code makes it a crime to commit bank robbery and related offenses.
Bank robbery involves forcibly or intimidatingly taking property or money in the care, custody, or control of a bank, credit union, or savings and loan institution.
Notably, this law also covers entering or attempting to enter such financial institutions with the intent to commit a felony against the institution or to commit theft, which is a form of larceny.
Lesser Included Offenses
While most bank robbery prosecutions involve the traditional act of holding up a teller with a weapon or forcibly taking money or valuables, the bank robbery law is actually more comprehensive.
It covers a wide range of criminal behaviors where a bank or similar financial institution is the victim. A lesser-included offense exists for taking money or valuables from within a bank without the force or intimidation element essential to a typical robbery, as outlined in Section 2113.
This lesser offense can result in up to one year of federal imprisonment. Additionally, this offense applies to those who receive, possess, hide, or dispose of the stolen property obtained from a bank.
What are the Penalties for Federal Bank Robbery?
Bank robbery is a serious federal offense. A conviction can result in up to 20 years in federal prison and a fine. If violence is involved, penalties become more severe.
Specifically, if the defendant assaults someone or endangers lives using a deadly or dangerous weapon during the robbery, the maximum sentence rises to 25 years.
If someone is killed or forcibly removed (kidnapped) during the robbery or the defendant's escape attempt, a mandatory minimum ten-year federal prison sentence applies. The maximum punishment can be life in prison or the death penalty.
How to Fight Bank Robbery Charges
Common defenses to federal bank robbery include mistaken identity, such as claiming not to be the actual robber.
Another defense is duress, meaning someone threatened you or your loved ones with immediate physical harm unless you participated. A further defense is a lack of intent, indicating you did not plan or mean to steal property or money from the bank.
If it's uncertain whether force or intimidation was used, the defendant might argue at trial that they are only guilty of the lesser crime of stealing property or money from a bank or financial institution, not robbery.
This strategy can help avoid harsher penalties for robbery. Under 18 U.S.C. § 2113, federal bank robbery is a severe crime that can, depending on the case, result in life imprisonment or the death penalty.
If you or a family member is facing federal bank robbery charges, our experienced criminal defense lawyers can provide immediate consultation to help protect your rights and maximize your chances of a favorable outcome.
Even during the investigative phase, before formal charges are made, swift action by a qualified attorney can improve the case's prospects. The Hedding Law Firm is a highly regarded criminal defense firm with a proven record of success. Reach out to us for a case review.
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