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Philadelphia Federal Armed Robbery Charges: Bank, Business, Carjacking

March 21, 2024 Uncategorized

Philadelphia Federal Armed Robbery Charges: Bank, Business, Carjacking

Armed robbery is a serious felony charge in Philadelphia that can lead to decades in prison. Robberies involving banks, businesses, cars and more all may qualify as federal crimes with severe penalties. This article will break down the laws, defenses and outcomes for federal armed robbery charges in Philadelphia.

Federal vs State Robbery Charges

Robberies are usually prosecuted by local Philadelphia prosecutors under state law. But federal charges may apply when:

  • The robbery involves federally insured banks, credit unions, or postal offices
  • The robbery involves interstate commerce like trucks, shipments, etc.
  • Weapons are used that violate federal laws
  • The robbery is part of an organized crime operation

Federal robbery charges lead to much higher sentences than state charges. Federal sentencing guidelines for robbery are very severe. So its critical to fight the charges before they go federal.

Federal Bank Robbery Charges and Penalties

Bank robbery charges are almost always federal because banks are federally insured. Under 18 USC 2113, taking money by force, violence or intimidation from a federally insured bank has penalties up to 20 years in prison.

If a dangerous weapon is used during a bank robbery, there is a mandatory minimum 7 year federal prison sentence under 18 USC 2113(d). If someone is killed or kidnapped during a bank robbery, federal law allows up to life imprisonment or death. So bank robbery charges must be taken very seriously.

Federal Business Robbery Charges

Under the Hobbs Act, any robbery that affects interstate commerce can be charged as a federal crime. This includes robberies of retail stores, pharmacies, gas stations, restaurants, or any business that receives inventory from other states.

Penalties for Hobbs Act robbery include up to 20 years in prison. If a gun is used, there is a mandatory minimum 7 year federal prison sentence after conviction. The charges and sentencing can be severe like bank robbery.

Federal Carjacking Charges

Carjacking is taking a motor vehicle by force or intimidation. Under 18 USC 2119, carjackings will be federal crimes if the vehicle has been transported or shipped across state lines. So most carjackings in Philadelphia involve transporting cars from other states, leading to federal charges.

Penalties for armed federal carjacking include up to 15 years in prison. If serious bodily injury or death occurs, up to 25 years or any term of years including life imprisonment may apply. So carjacking is not taken lightly by federal prosecutors.

Defenses to Federal Robbery Charges

Innocence is the main defense to any robbery charge. If someone was misidentified or wrongly accused as the robber, an alibi defense showing they were elsewhere at the time may defeat the charges. Self-defense may also apply if the victim actually attacked first before any taking of property.

For federal bank robbery charges, if no weapon was used and no one was injured, lawyers may argue for the lower penalty in 18 USC 2113(a) with no mandatory minimum sentence. Also, mental health defenses may argue the defendant lacked intent to rob a bank if they were having a psychiatric crisis episode.

To fight federal business or carjacking robbery charges, lawyers often file motions to dismiss arguing the case does not affect interstate commerce enough to allow federal charges. If granted, the charges shift to state court instead under more favorable laws.

Plea Deals Offer Lower Robbery Sentences

Given the extremely high penalties for federal robbery convictions after trial, most defendants accept plea deals instead for lower sentences. Plea deals may cap sentences at lower levels or dismiss gun charges with mandatory minimums. Defendants may also plead to state robbery charges to avoid the higher federal sentencing. Its critical to negotiate plea deals carefully to minimize the devastating impact of federal robbery sentences.

What About Juveniles Charged with Armed Robbery?

Juveniles as young as 15 may still face adult federal charges and penalties for armed robbery in Philadelphia. Juveniles have more defenses focusing on immaturity and likelihood of rehabilitation. But federal prosecutors often charge juveniles as adults for violent robbery offenses.

If convicted as an adult, juveniles still may serve their long sentences in juvenile facilities until age 21 under 18 USC 5039. But the adult conviction remains permanently on their records with barriers to jobs, housing, voting and more after release. So juveniles require specialized defense attorneys to seek more favorable outcomes.

Finding the Best Legal Defense Against Robbery Charges

Facing federal robbery charges in Philadelphia leads to a difficult fight with extreme penalties at stake. The complex federal laws require defense lawyers knowledgeable on the intricacies of these cases. Be sure to consult experienced federal robbery defense attorneys to start building your defense right away.

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