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Understanding Federal Bank Robbery Charges in New York
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Understanding Federal Bank Robbery Charges in New York
Bank robbery is a serious crime that often results in federal charges and lengthy prison sentences. In New York, bank robbery laws are governed by both state and federal statutes.
What Constitutes Bank Robbery Under Federal Law
Under federal law, bank robbery is defined as taking or attempting to take property in the possession or custody of a bank by force, violence, or intimidation [1]. To qualify as a federal bank robbery, the institution must have federal insurance or be organized under federal law. This includes most commercial banks, credit unions, and savings associations.
The key elements of federal bank robbery are:
- Taking, or attempting to take, money or property belonging to or in the custody of a bank
- Using force, violence, or intimidation to take the money or property
- The bank’s deposits must be federally insured or the bank must be organized under federal law
Force, violence, and intimidation refer to actions that would put an ordinary person in fear of bodily harm and compel them to hand over bank property. Displaying a weapon, making verbal threats, or physically assaulting employees or customers all constitute intimidation under the law.
The robbery does not need to succeed for someone to be charged. Simply entering a bank and demanding money through intimidation is enough, even if no money is actually stolen. Conversely, a successful theft absent force, violence, or intimidation does not qualify as bank robbery under federal law.
Degrees of Bank Robbery
Federal law outlines three degrees of bank robbery charges based on severity [1]:
- Bank robbery – Using force, violence, or intimidation to take or attempt to take money, funds, or property from a bank. This is punishable by up to 20 years in prison.
- Bank robbery resulting in death – If someone is killed during a bank robbery or kidnapping related to a bank robbery, either directly or as a foreseeable result. This can be punished by life imprisonment or death.
- Armed bank robbery – Robbing a bank while armed with a dangerous weapon or device. This includes guns, knives, explosives, and other weapons. Conviction carries a minimum prison sentence of 10 years up to 25 years.
Prosecutors can stack charges if multiple aggravating factors are present. For example, using a gun to commit bank robbery resulting in death could lead to charges of armed bank robbery and bank robbery resulting in death.
Defenses to Federal Bank Robbery Charges
Although the penalties are severe, there are viable defenses in some bank robbery cases [3]. Common defenses include:
- Duress – Claiming you were forced to commit the robbery against your will under threat of harm.
- Intoxication – Arguing you were too impaired by drugs or alcohol to form criminal intent.
- Mistaken identity – Asserting police arrested the wrong person for the crime.
- False confession – Disavowing an earlier confession and claiming it was coerced or false.
- Mental illness – Presenting evidence of mental incapacity that prevented you from understanding the criminality of your actions.
An experienced federal criminal defense attorney can assess the evidence and determine if any viable defenses exist. The attorney may also negotiate with prosecutors for reduced charges or sentencing leniency through a plea bargain.
How Federal and State Bank Robbery Charges Interact
Bank robbery often involves both federal and state charges. The federal bank robbery statute deals with crimes against federally-insured banks, while state robbery laws apply generally to taking property by force [4].
If convicted of both federal and state robbery charges for the same crime, the sentences are usually served concurrently. However, prosecutors sometimes dismiss state charges if the defendant receives a lengthy federal sentence. Defendants may also be able to negotiate pleading guilty to federal charges in return for dropping more serious state charges.
When facing both federal and state robbery charges, it is essential to have experienced attorneys handling each aspect of the case. This ensures the charges are handled in a coordinated manner to mitigate overall sentencing exposure.
Notable Bank Robbery Cases in New York
Some notable federal bank robbery prosecutions in New York include:
- In 2020, Gerod Woodberry was charged with robbing four New York City banks over the course of a week shortly after being released without bail on state robbery charges [5]. He faces up to 20 years in prison on each federal bank robbery count if convicted.
- Robert Costanzo was sentenced to nearly 10 years in federal prison in 2012 for three bank robberies on Long Island using notes threatening violence .
- Aaron Paul-Roth pled guilty to armed bank robbery in 2015 for stealing over $140,000 from four Manhattan banks using a fake bomb. He was sentenced to 7 years in federal prison .
These cases highlight how even a short string of bank robberies can lead to decade-long federal prison sentences.