NATIONALLY RECOGNIZED FEDERAL LAWYERS

09 Oct 25

How long for robbing a bank

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Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience defending federal cases that other attorneys won’t touch. You’ve probably heard about some of the cases we’ve handled – Anna Delvey’s trial that became a Netflix series, juror misconduct in the Ghislaine Maxwell case, charges involving high-profile figures like Alec Baldwin. Bank robbery is federal, it’s serious, and if you’re reading this, you need to understand exactly what you’re facing.

The maximum sentence is 20 years in federal prison for basic bank robbery. Twenty-five years if you had a weapon. If someone died or you moved someone against their will during the robbery or while trying to escape – that’s a mandatory minimum of ten years, and the maximum becomes life in prison or the death penalty under 18 U.S.C. § 2113.

But maximums don’t tell the whole story, they never do.

What People Actually Get Sentenced To

The United States Sentencing Commission reports average sentences for robbery in fiscal year 2024. The average sentence imposed was 110 months – that’s a little over nine years in federal prison. Not twenty years. Not twenty-five. Nine years on average.

That average jumps significantly if you had a gun. Defendants convicted under 18 U.S.C. § 924(c) – that’s the federal firearms statute that applies when you use or carry a gun during a crime of violence – averaged 162 months. That’s thirteen and a half years. Without a gun? The average drops to 76 months, around six years.

Criminal history matters. Someone with no priors who walks into a bank, passes a note, and walks out with $3,000 is looking at a very different sentence than someone who’s already done federal time, especially if they committed another bank robbery while on supervised release. We’ve seen cases where defendants got 15 years for a second bank robbery committed just two months after release from their first bank robbery conviction.

Why Federal Prosecutors Handle Bank Robbery

Banks are federally insured. The FDIC insures deposits, which means the federal government has jurisdiction. State prosecutors don’t handle these cases – the FBI investigates, the U.S. Attorney’s Office prosecutes, and you’re in federal court from day one.

Federal court is a different world. The sentencing guidelines are stricter. There’s no parole in the federal system – you serve at least 85% of whatever sentence the judge imposes. Federal judges have seen many, many bank robbery cases, and they know exactly what factors matter when calculating a sentence.

The Statutory Framework Under 18 USC 2113

Section (a) covers the basic offense – entering or attempting to enter a bank with intent to commit a felony or larceny. Maximum of 20 years and a fine up to $250,000.

Section (b) is about taking money or property. If what you took exceeds $1,000, that’s up to 10 years. If it’s $1,000 or less, the maximum drops to one year.

Section (d) addresses armed robbery – using force, violence, or intimidation while armed with a dangerous weapon or device. That’s where the 25-year maximum applies.

Section (e) is the most serious provision. If someone is killed or kidnapped during the robbery or during your escape, the mandatory minimum is 10 years, and the maximum punishment is life imprisonment or death. Prosecutors don’t charge this lightly, but when they do, your exposure is catastrophic.

What Makes Sentences Longer

Violence or threats of violence. Judges consider whether you physically assaulted anyone, whether you threatened tellers explicitly, whether customers felt their lives were in danger. A note that says “give me the money” is different from pointing a loaded gun at someone’s face.

The amount stolen plays a role in the guidelines calculation, though it’s not the primary driver. Taking $50,000 versus $5,000 will affect your offense level under the sentencing guidelines.

Whether you were on supervised release when you committed the robbery. This is huge. If you rob a bank while you’re still serving supervised release for a prior federal conviction, the judge can – and often will – add consecutive time for violating the conditions of your release. That stacks on top of your new bank robbery sentence.

Use of disguises, multiple co-defendants, planning and sophistication – these factors can enhance your guidelines range. Federal prosecutors will argue that a planned robbery involving multiple people, getaway cars, and coordinated roles deserves more time than an impulsive act by a single desperate person.

The 924(c) Problem

If you carried or used a firearm during the bank robbery, you’re facing a separate charge under 18 U.S.C. § 924(c). The mandatory minimum for that charge is five years for carrying a firearm, seven years if you brandished it, and ten years if you discharged it.

Here’s the critical part – that time runs consecutively to whatever you get for the bank robbery itself. It doesn’t run concurrent. You serve the bank robbery sentence, then you start serving the 924(c) sentence. That’s why defendants with gun enhancements averaged 162 months in 2024 – the sentences stack.

If you had multiple firearms or committed multiple bank robberies in a single case, the mandatory minimums can stack again. We’ve seen cases where defendants faced 25 years or more because of stacked 924(c) charges.

Acceptance of Responsibility and Cooperation

Pleading guilty early and accepting responsibility can reduce your offense level by up to three levels under the guidelines. That translates to months or years off your sentence, depending on where you start.

Cooperation is less common in bank robbery cases than in drug conspiracy or fraud cases, simply because there are often fewer people to cooperate against. If you robbed a bank alone, there’s no one to provide substantial assistance about. But if you were part of a crew hitting multiple banks, cooperation with federal prosecutors can result in a motion for downward departure under Rule 5K1.1.

These reductions aren’t automatic. Your attorney needs to negotiate them, document your cooperation, and persuade the prosecutor to file the motion. Federal prosecutors are selective about who they offer cooperation deals to.

What You’re Actually Looking At

Most defendants convicted of federal bank robbery serve between six and thirteen years depending on the factors we’ve discussed. That’s the reality in 2025 based on sentencing data from fiscal year 2024.

Someone with minimal criminal history who robs a bank without a weapon, doesn’t hurt anyone, and cooperates with investigators might see a sentence closer to five or six years. Someone with priors who uses a gun and commits the robbery while on supervised release is looking at fifteen years or more.

At Spodek Law Group, we’ve represented clients facing decades in federal prison for violent crimes – including robberies with firearms enhancements, cases where prosecutors sought mandatory minimums, cases that other law firms said were unwinnable. Our managing partner, Todd Spodek, is a second-generation criminal defense attorney who’s spent many, many years navigating federal sentencing guidelines and negotiating with U.S. Attorneys’ Offices.

If you’re facing federal bank robbery charges, the time to act is now – before the presentence report is written, before the government locks in its sentencing recommendation, before options disappear. We’re available 24/7 because we know these cases don’t wait for business hours.