Understanding the Elements of Federal Bank Robbery Charges in California
Contents
Understanding Federal Bank Robbery Charges in California
Bank robbery is a serious crime that can lead to federal charges and harsh penalties. In California, if a bank, credit union, or savings and loan association is federally insured, robbing or attempting to rob one of these institutions can result in federal criminal charges under 18 U.S.C. § 2113 – the federal bank robbery statute[1]. This article will explain the key elements of federal bank robbery laws and charges in California.
What Constitutes Federal Bank Robbery?
Under 18 U.S.C. § 2113, federal bank robbery is defined as the “taking or attempted taking by force, intimidation, or extortion, of any property, money or any other thing of value belonging to or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.”[4]
This means that the prosecution must prove the following elements beyond a reasonable doubt[4]:
- The financial institution was federally insured
- The defendant took or attempted to take money or property belonging to the financial institution
- The taking was by force and violence, intimidation, or extortion
Force and violence refers to physical force. Intimidation means saying or doing something to make an ordinary person fear bodily harm. Extortion involves obtaining money or property through threat of future harm[1].
While bank robbery often involves armed masked robbers, the federal statute also applies to less conventional scenarios. For example[2]:
- Handing a threatening note to a teller demanding money
- Entering the bank and telling a teller you have a gun and to hand over cash, even if you don’t actually have a weapon
- Taking money from the bank through extortion by threatening future harm if demands aren’t met
As long as the financial institution is federally insured and the taking involves force, intimidation, or extortion, federal bank robbery charges can apply.
Penalties for Federal Bank Robbery
Bank robbery charges under 18 U.S.C. § 2113 are serious and carry harsh penalties upon conviction[1]:
- Up to 20 years in federal prison
- Fines up to $250,000
If violence is used during the robbery or anyone’s life is endangered, the penalties increase dramatically[3]:
- Up to 25 years in federal prison if assault or jeopardizing life with a dangerous weapon
- Up to life in prison if any victim is killed during the robbery
- Possibility of the death penalty
As you can see, penalties for federal bank robbery charges quickly escalate based on circumstances. It’s critical to have an experienced federal criminal defense attorney to fight the charges.
In addition to the main federal bank robbery statute, there are other related federal laws that may apply[2]:
- 18 U.S.C. § 2113(a) – Covers federal bank burglary and larceny
- 18 U.S.C. § 2113(b) – Receiving, concealing, storing, bartering, selling or disposing of any property or money taken from a bank
- 18 U.S.C. § 2113(c) – Receiving or possessing any property or money knowing it was taken from a bank
- 18 U.S.C. § 2113(d) – Assaulting any person or jeopardizing life with a dangerous weapon during a bank robbery
- 18 U.S.C. § 2113(e) – Killing any person during a bank robbery
- 18 U.S.C. § 371 – Conspiracy to commit bank robbery
Prosecutors may charge multiple related offenses in addition to the main bank robbery charge. This allows them to pursue the harshest possible penalties.
Defenses for Federal Bank Robbery
While federal bank robbery charges should always be taken seriously, there are defenses an experienced attorney can raise to get charges reduced or dismissed. Some examples of defenses include[4]:
- Duress – You only committed the robbery under immediate threat of death or serious bodily injury with no reasonable escape.
- Intoxication – You were involuntarily intoxicated and unable to form the necessary criminal intent.
- Mistake of fact – You had a reasonable mistaken belief negating your criminal intent, i.e. you thought you had permission to take the money.
- Entrapment – Law enforcement induced you to commit a crime you otherwise wouldn’t have.
- Self-defense – You reasonably believed force was necessary to protect yourself from imminent harm.
An attorney can also challenge whether the prosecution can prove each element of the offense beyond a reasonable doubt. For example, arguing the financial institution wasn’t federally insured, or no actual force, intimidation or extortion was used.
Finding the Right Federal Bank Robbery Lawyer
Facing federal bank robbery charges is an extremely serious matter with severe penalties if convicted. It’s critical to retain an experienced federal criminal defense lawyer as early in the process as possible. A knowledgeable attorney can carefully examine the evidence and determine if any defenses may apply in your case.
At the law firm of [Your Firm Name], our federal criminal defense attorneys have successfully defended clients against complex federal charges for over [X] years. If you or a loved one have been arrested for federal bank robbery in California, contact us immediately for a free consultation. We have the skills and experience to protect your rights and future.
[Your Contact Info]
References
[1] Federal Bank Robbery Defense Attorney
[2] Federal Bank Robbery Defense Lawyer
[3] Laws Regarding Federal Bank Robbery Charges
[4] Federal Bank Robbery Charges