Defending Against Federal Bank Robbery Charges in New York

Defending Against Federal Bank Robbery Charges in New York

Being charged with a federal bank robbery is a serious offense that can result in years behind bars. However, there are defenses available that a skilled New York criminal defense attorney can use to get charges reduced or even dismissed.

Penalties for Federal Bank Robbery

Under 18 U.S. Code § 2113, bank robbery charges carry the following penalties:

• Up to 20 years in prison for robbery or attempted robbery
• Up to 25 years for assault during a robbery
• Up to life in prison if a dangerous weapon is used or someone is kidnapped
• Up to death penalty if someone is killed during the robbery

In addition to imprisonment, large fines up to $250,000 can be imposed. With so much at stake, putting together an aggressive legal defense is critical.

Common Federal Bank Robbery Defenses

There are many avenues a skilled federal criminal defense attorney can pursue in defending bank robbery charges, including:

Duress

If you were forced to commit the robbery against your will under threat of violence, this may constitute the affirmative defense of duress. This is used to show you lacked criminal intent.

Diminished Mental Capacity

If you have a mental defect or disorder that made you unable to understand the nature of your actions, you may be able to use diminished mental capacity as a defense. This could result in commitment to a mental institution rather than imprisonment.

Mistaken Identity

Eyewitness misidentification is a common cause of wrongful convictions. Your attorney can challenge the reliability of any eyewitness accounts that place you at the scene of the crime.

Illegal Search and Seizure

If evidence used against you was obtained illegally through an improper search or seizure, your attorney can file a motion to suppress that evidence so it cannot be used at trial.

An experienced federal bank robbery defense lawyer will thoroughly analyze the prosecution’s case to spot potential legal holes that can be exploited to get charges reduced or dismissed prior to trial. Let’s take a closer look at how some of these defenses work.

Using Duress as a Defense to Bank Robbery

The duress defense can be used when you were forced to commit a crime against your will under threat of imminent bodily harm or death. To prove duress, your attorney must show:

• You were under an immediate threat of serious injury or death;
• You had a well-grounded belief the threat would be carried out;
• You had no reasonable opportunity to escape;
• You surrendered as soon as the threat subsided.

So for example, if armed gunmen kidnapped you and forced you to rob a bank at gunpoint, duress may apply. Your lawyer would need to gather evidence about the kidnapping, threats made, and the level of control exerted over you during the robbery.

Using Diminished Mental Capacity for Bank Robbery

The diminished capacity defense argues that due to mental defect or disorder, you lacked the ability to form the intent necessary to be convicted or deserve a lesser included offense. To pursue this defense for federal bank robbery charges, your attorney must show:

• You suffered from a diagnosed mental disease or defect when the crime occurred;
• The mental defect prevented you from understanding what you were doing, its consequences, or that it was wrong;
• Your inability to understand your actions was the cause of criminal conduct.

Your mental state must be supported by medical records and expert testimony. If successful, the court may find you not guilty by reason of insanity and order psychiatric treatment rather than imprisonment.

Fighting Misidentification for Bank Robbery Charges

In many bank robberies, eyewitness identification provides critical testimony. However, decades of research shows eyewitness memory is unreliable. In fact, misidentification is a factor in over 70% of DNA exonerations of wrongful convictions.

An experienced attorney understands factors that can undermine eyewitness credibility, like:

• Stress during a traumatic event
• Brief duration of observations
• Leading questions by investigators
• Unconscious transference where a familiar person is confused with the perpetrator

In cases relying heavily on eyewitness memory, investigating the scene, interviewing witnesses, and consulting experts can expose flaws in witness recollections and identification.

Finding the Right Federal Bank Robbery Lawyer in New York

Facing federal bank robbery charges is extremely serious with severe penalties if convicted. Having an experienced federal criminal defense lawyer is critical to analyze the evidence, identify legal defenses, and negotiate for reduced charges or dismissal where appropriate.

Be wary of lawyers suggesting pleading guilty without thoroughly examining defenses – an aggressive lawyer may be able to get charges dropped entirely in certain cases. When your freedom is at stake, you need someone who will fight tirelessly on your behalf.