NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is 18 USC 2113
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, and we’ve been defending federal criminal cases for over 40 years. You’ve probably seen us in the news – Todd represented Anna Delvey in the Netflix series, handled the Ghislaine Maxwell juror misconduct case, and defended clients in high-profile federal prosecutions across the country. If you’re reading this, you or someone you care about is likely facing 18 USC 2113 charges, and you need to understand what you’re up against.
18 USC 2113 is the federal bank robbery statute. It’s not just one crime – it’s six different subsections covering everything from walking into a bank with bad intentions to killing someone during a robbery. The penalties range from one year in prison to the death penalty, depending on what happened. Federal prosecutors love this statute because it gives them options, lets them stack charges, and carries mandatory minimums in the worst cases.
What 18 USC 2113 Actually Covers
Most people think bank robbery means walking in with a gun and a note. That’s subsection (a), but the statute goes way beyond that. Subsection (a) covers entering any bank, credit union, or savings and loan with intent to commit any felony or larceny – you don’t even have to succeed. Maximum penalty is 20 years.
Subsection (b) is bank theft. Taking money or property worth more than $1,000 from a bank without using force – that’s 10 years maximum. Under $1,000 drops to a misdemeanor with a one-year maximum.
Subsection (d) is armed bank robbery. If you assault anyone during the robbery, or if you use a dangerous weapon that puts someone’s life at risk, the maximum jumps to 25 years. Federal prosecutors charge this almost reflexively if there’s any weapon involved, even if you never showed it to anyone.
Subsection (e) applies when someone gets killed or kidnapped. Mandatory minimum of 10 years. If death results, you’re facing life in prison or the death penalty. The statute doesn’t care if you intended to kill anyone – if someone dies during the offense, you’re exposed to these penalties.
Why Your Case Is Federal Instead of State
Rob a bank, and you’re in federal court. Banks have FDIC insurance – federal money backs the deposits. When you rob a federally insured institution, you’re robbing the federal government’s insurance fund, at least in the government’s view.
Federal court is different. Federal prosecutors are career attorneys with unlimited resources – FBI agents, federal grand juries, the full weight of the U.S. government. They can focus on your case for months while state prosecutors juggle hundreds of cases. Federal judges follow sentencing guidelines that are much harsher than most state systems. There’s no parole in federal prison – you serve at least 85% of your sentence. Federal prosecutors stack charges, file enhancements, and seek maximum penalties because their conviction rate is over 90%.
The Penalty Structure and What It Means
The penalties under 18 USC 2113 escalate based on what you did, not what you intended. Walk in planning to rob the bank but get scared and leave – that’s still entering with intent, 20 years maximum. Pass a note demanding money without a weapon – robbery by intimidation, 20 years. Gun in your waistband that nobody saw – federal prosecutors will argue armed robbery, 25 years maximum.
The sentencing guidelines add points for specific conduct. Using a weapon adds points. The amount stolen adds points. Threatening victims adds points. A first-time offender who robs a bank without a weapon and steals $5,000 might face 33-41 months. Add a gun and that same person is looking at 92-115 months.
Judges can vary from the guidelines after United States v. Booker. We’ve seen judges sentence below the guidelines when there are mitigating factors – addiction, mental health issues, minimal criminal history, genuine remorse. Mandatory minimums are different. If subsection (e) applies because someone was killed or kidnapped, the judge has no choice – 10 years minimum, and if death resulted, life or death.
What Defendants Are Actually Getting in 2025
Recent cases show what federal judges are actually imposing. Del Evans Jr. from Chicago got 188 months – over 15 years – for robbing a bank while on supervised release for two prior bank robberies. Khyri Brown received ten years and five months for robbing one bank, attempting to rob three others, and brandishing a firearm.
First-time offenders with no weapon do better. Rathell Ross got 77 months for robbing a Commerce Bank in Missouri. The pattern is clear – first-time bank robbers without a weapon get 5-8 years in federal prison. Used a weapon, add several years. Serial bank robber, expect 10-15 years. Violated supervised release when you committed the robbery, the judge will add consecutive time – usually 12-24 months.
The Investigation and Evidence
FBI handles bank robbery investigations. They’ll pull surveillance footage from the bank, nearby businesses, traffic cameras, ATMs. If you used a car, they’ll track it through license plate readers and cell tower data. Banks have dye packs and GPS trackers in cash bundles – if you grabbed one, it might have exploded or led the FBI to your door.
The worst evidence is usually defendants’ own statements. FBI agents are trained to make you comfortable, act sympathetic, suggest they understand your situation. Don’t talk to them without a lawyer. Nothing you say will make your case better – it will only give prosecutors ammunition.
Defense Options and Why You Need a Lawyer
Mistaken identity works when the surveillance footage is poor quality, witnesses had limited opportunity to observe, or law enforcement grabbed the wrong person. If the government’s identification evidence is weak, we can challenge it.
Plea negotiations are more common than trials. If their case has weaknesses, prosecutors will negotiate. You might plead to a lesser subsection – (b) instead of (a), or (a) without the gun enhancement. You might get the government to dismiss additional counts. In exchange, you plead guilty, accept responsibility, and get a three-level reduction.
At Spodek Law Group – we’ve handled federal criminal cases for decades. We know how federal prosecutors build these cases, what evidence matters, and where the weaknesses are. Todd Spodek represented clients in cases the media said were unwinnable – and we got results because we know federal court.
Federal bank robbery cases move fast. If you’re arrested, you’ll have a detention hearing within days. The government will argue you’re a danger and a flight risk. If the judge detains you, you’ll be in federal custody until trial – which could be months or over a year.
We fight detention, negotiate with prosecutors, challenge the evidence, and prepare for trial if necessary. We’ll examine surveillance footage, interview witnesses, hire experts, and file motions to suppress evidence obtained illegally. We’ll calculate your guideline range and argue for the lowest possible sentence.
Don’t let federal agents interview you before you lawyer up. Hire experienced federal defense counsel immediately, before you make statements that destroy your defense. If you’re facing 18 USC 2113 charges – or if you’re under investigation for bank robbery – contact us. We represent clients nationwide in federal criminal cases, and we’re available around the clock.