NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is bank robbery charges
|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 most lawyers won’t touch. If you’re reading this – you already know bank robbery is a federal crime. What you need to understand is how prosecutors charge it, what the penalties actually look like, and what happens when weapons are involved or someone gets hurt.
Todd Spodek has handled cases that made national headlines – the Anna Delvey case that became a Netflix series, juror misconduct in the Ghislaine Maxwell trial, federal prosecutions others said were unwinnable. Bank robbery charges are serious, according to DOJ guidelines – and the stakes go up fast if someone dies during the robbery.
This article breaks down 18 USC 2113 and explains the difference between a basic robbery charge and one that carries life in prison. You’ll understand how federal prosecutors build these cases and what actually happens at sentencing.
What Makes Bank Robbery Federal
Nearly every bank in America has federal deposit insurance through the FDIC – that’s what makes robbery a federal offense under 18 U.S.C. § 2113. Credit unions, armored trucks carrying bank money, even ATMs attached to federally insured institutions – all covered by the same statute.
You don’t need to successfully steal anything. Walking into a bank with intent to commit any felony is enough for a federal charge. Intent plus entry – that’s the crime. The FBI handles these investigations and has since the 1930s, and you’ll face trial in federal court where conviction rates run above 90%.
Surveillance footage, dye packs that explode and mark stolen bills, bait money with recorded serial numbers, GPS trackers in cash bundles – banks cooperate fully with federal investigators. Defense is difficult when the evidence includes your face on camera.
How 18 USC 2113 Works
The statute breaks down into sections that carry different penalties. Subsection (a) covers basic bank robbery – entering or attempting to enter a bank with intent to commit a felony or larceny. Maximum penalty is 20 years in federal prison and fines up to $250,000.
That’s for walking in and demanding money, no weapon, no one gets hurt. Twenty years maximum. Federal sentencing guidelines calculate actual prison time based on amount stolen, criminal history, acceptance of responsibility – but twenty years is what judges have to work with.
Subsection (d) gets serious. If you assault anyone or put anyone’s life in jeopardy by using a dangerous weapon – the maximum jumps to 25 years. A gun, knife, baseball bat, anything that could cause serious injury. Just displaying it triggers the enhanced penalty.
Subsection (e) is where life sentences come in. If someone is killed during the robbery or your escape – or if you force anyone to go with you against their will – the statute imposes a mandatory minimum of 10 years and allows for life in prison or the death penalty. Mandatory minimum means the judge has no discretion to go lower, ten years is the floor.
Felony murder rules apply in federal court. If someone dies during commission of a felony, all participants can be charged with that death even if they didn’t pull the trigger. Your codefendant shoots a guard, you’re both facing life. Security guards try to stop you, police respond while you’re still inside, a teller has a heart attack – people die during bank robberies, and you’re responsible.
How Prosecutors Stack the Charges
Federal prosecutors pick charges that carry the penalties they want. A typical bank robbery case includes conspiracy to commit bank robbery under 18 USC 371, the substantive robbery charge under 18 USC 2113, and if you used a gun – possession of a firearm during a crime of violence under 18 USC 924(c).
That 924(c) charge is a mandatory minimum consecutive sentence. Seven years for brandishing a firearm, added on top of whatever you get for the robbery itself. Not concurrent, consecutive. Ten years for robbery plus seven years for the gun charge equals seventeen years minimum. Federal judges can’t run those sentences together, the statute requires them to stack.
Conspiracy charges bring in everyone involved. The driver who waited outside, whoever helped plan it – all chargeable even if they never entered the bank. You’re responsible for reasonably foreseeable acts of coconspirators. Someone brings a gun without telling you, you still face enhanced penalties.
Recent DOJ prosecutions in 2025 show how seriously these cases get charged. Serial bank robbers face stacked charges for each robbery – separate counts, separate penalties. The sentences add up fast.
What Happens When You’re Caught
Most bank robbers get caught. The FBI reports 93% of bank robbery defendants tried in federal court are convicted. Surveillance cameras capture everything, forensic evidence ties you to the scene, maybe the dye pack exploded and you’ve got red stains all over your clothes.
Federal agents will want to interview you. This is where most defendants destroy their cases – they talk. They try to explain, they think cooperating now will help later. It doesn’t. Anything you say gets used against you.
You need a lawyer before you say anything. We tell clients: the only words out of your mouth are “I want a lawyer.” Federal prosecutors don’t need your confession, but they’ll take it if you’re willing to give it.
Detention is likely. Federal judges consider bank robbery a crime of violence – you’re a danger to the community and a flight risk. You’ll fight your case from jail unless your lawyer can convince the judge otherwise.
Most cases don’t go to trial. The evidence is usually overwhelming – your lawyer negotiates with prosecutors for a plea deal. Will they drop the gun charge? Recommend a lower sentencing range?
Why Sentencing Matters More Than the Charge
Federal sentencing guidelines calculate prison time based on a point system. Base offense level for bank robbery starts at level 20 and increases based on amount stolen. Over $250,000 adds significant points. Each increase translates to more months in prison.
Your criminal history matters. Category I is no record, Category VI is extensive record. Higher category means more prison time. The guidelines are advisory after United States v. Booker – judges can vary from them – but they’re still the starting point.
Acceptance of responsibility gets you 2-3 levels off your offense level if you plead guilty and don’t waste the court’s time. That translates to months or years off your sentence. Plead guilty early, show remorse, cooperate with your presentence investigation – you get the reduction. Go to trial and lose, you don’t.
At Spodek Law Group – we fight these cases knowing what’s at stake. It’s not just the charge, it’s the total sentence calculation. We look at every enhancement the government wants to add and challenge what we can challenge. We’ve gotten gun enhancements dropped because the government couldn’t prove our client knew about the weapon. We’ve argued for downward departures based on mental health, family circumstances, minimal role.
Former federal prosecutors work with our team – they know how the other side thinks. When you’re facing 20 years, you need lawyers who understand federal sentencing isn’t just about guilt or innocence, it’s about building a record that gives the judge reasons to go below the guidelines.