How Federal Sentencing Works for Bank Robbery in California

How Federal Sentencing Works for Bank Robbery in California

Bank robbery is a serious crime that can lead to harsh penalties under federal law. This article will explain how federal sentencing typically works for bank robbery charges in California.

Federal Bank Robbery Laws

The main federal law that covers bank robbery is 18 U.S.C. § 2113. This law makes it a federal crime to rob or attempt to rob any bank, credit union, or savings and loan association that is insured by the Federal Deposit Insurance Corporation (FDIC) or National Credit Union Administration (NCUA).

Section 2113 lays out the penalties for federal bank robbery, which can include:

• Up to 20 years in federal prison
• Up to a $250,000 fine
• Or both imprisonment and a fine

The penalties increase if a dangerous weapon is used during the robbery, or if someone is assaulted, injured or killed. For example, if a deadly weapon is used, the prison sentence can go up to 25 years. If someone is killed during a robbery or attempted escape, the maximum sentence is life in prison or even death.

How Federal Sentencing Works

If you are convicted of federal bank robbery in California, the judge will determine your sentence based on the Federal Sentencing Guidelines. Here’s a quick overview of how it works:

• The base offense level for bank robbery under the guidelines is 20.
• Levels are then added or subtracted based on specific offense characteristics like how much money was taken, if a weapon was used, if anyone was injured, etc.
• The offender’s criminal history category is also calculated, from I to VI.
• Using the final offense level and criminal history category, the guidelines provide a recommended sentencing range in months.
• For example, a level 20 offense and criminal history I has a range of 33-41 months.
• The judge chooses a sentence within that range but can depart from the guidelines if circumstances warrant it.

So in federal court, bank robbery sentences are largely determined by the sentencing guidelines. Judges have some discretion but typically stay within the recommended range. Mandatory minimum sentences may also apply depending on factors like if a firearm was used, or if someone was killed during the crime.

Key Factors That Determine the Sentence

Federal judges will consider a variety of factors about the specific circumstances of the bank robbery when determining a sentence within the guideline range. Key factors include:

• Amount stolen – The more money taken, the longer the sentence will be.
• Weapon used – Use of a real or threatened weapon will increase the sentence. Sentences escalate further if the weapon was fired or a dangerous weapon like a machine gun.
• Injuries/death – Causing injury or death leads to a much harsher sentence.
• Abduction – Kidnapping any person during a robbery adds more time.
• Property damage – Damaging bank property can enhance the sentence.
• Criminal history – Prior convictions, especially for robbery, will mean a longer sentence.
• Planning – Carefully planning the robbery versus acting impulsively may impact the sentence.

These are just some of the factors judges look at when picking a specific sentence for a bank robbery conviction under federal law.

Sentencing Enhancements

Certain circumstances can trigger mandatory minimum sentences or sentencing enhancements that increase the penalty for federal bank robbery in California:

• 10 year minimum if someone is killed during the robbery or attempted escape.
• 10 year minimum if a kidnapping occurs.
• Discharging a firearm adds at least 10 years.
• Career offender enhancements if the defendant has prior convictions for crimes of violence or drug trafficking.

These enhancements severely limit judicial discretion at sentencing if they apply to a bank robbery case.

Federal Probation

For some first-time offenders convicted of bank robbery, a judge may impose a “split sentence” of a shorter prison term followed by a period of probation. For example, 15 months in prison plus 3 years of probation. Typical probation terms include:

• Reporting to a probation officer
• Maintaining employment
• Drug testing
• Restrictions on travel or associations
• Fines and restitution

If probation is violated by committing another crime or other infractions, the defendant can be resentenced to the full original prison term. Probation is supposed to provide rehabilitation following incarceration.

Restitution to the Bank

As part of the sentence, the defendant will almost always be ordered to pay restitution to reimburse the bank for the stolen funds and any property damage caused during the robbery. The judge will determine the full amount of restitution owed.

Federal Prison

For bank robbery sentences exceeding one year, the prison time will be served in a federal prison rather than a California state prison. Low-level offenders may qualify for minimum security federal prison camps. More dangerous offenders will be sent to high-security federal penitentiaries. Some things to know about federal prison:

• No parole – inmates serve at least 85% of their sentence.
• Solitary confinement frequently used for discipline issues.
• Gang presence in higher security facilities.
• Opportunities for vocational training and education.
• Chance to reduce sentence by 15% by completing rehabilitation programs.

Appealing a Federal Bank Robbery Conviction

After sentencing, federal convicts have the right to appeal their conviction and sentence to the federal appeals court. Common grounds for a bank robbery appeal include:

• Violation of 4th Amendment right against unreasonable search/seizure
• Violation of 5th Amendment right against self-incrimination
• Violation of 6th Amendment right to effective counsel
• Prosecutorial misconduct
• Excessive or unreasonable sentence
• Incorrect application of sentencing guidelines

The appeals court can uphold the conviction, reverse it and order a new trial, or remand for resentencing on specific issues. However, appeals are time-consuming and most are ultimately unsuccessful.

Getting a Federal Bank Robbery Lawyer

Given the serious penalties for federal bank robbery convictions, it is critical to obtain an experienced federal criminal defense lawyer if you are charged. A knowledgeable attorney can argue for dismissal of charges if violations of rights occurred or raise defenses like duress, diminished capacity, false confessions, misidentification, or being under the influence of drugs/alcohol. An attorney is also essential for negotiating a plea bargain or fair sentence if conviction occurs. Federal bank robbery cases are complex–don’t go it alone without a lawyer in your corner.

As you can see, federal sentencing can be harsh for bank robbery in California. But the specific circumstances of each case determine the final prison term. With an aggressive defense and experienced counsel, some positive results can still be achieved even when facing these daunting charges.