If you or someone you love has been accused of robbing a bank, you are surely concerned, and questions are likely racing through your mind. What happens next? Is bank robbery a state or federal crime? What penalties might the accused face? How can I help protect myself or my loved one?
This level of concern is understandable, as these accusations are substantial, and the stakes are high. We understand the worry you are experiencing, and we are here to guide you and help you zealously protect yourself or your loved one.
Today, we will explore whether bank robbery is a federal crime, the laws surrounding bank robbery, and what that means for someone facing these charges. We believe that good representation begins with educating our clients about the laws and procedures involved, because knowledgeable clients can assist their defense more strongly and make better choices. So let’s dive in.
What Constitutes Bank Robbery in California?
Under California law, bank robbery falls under the state’s general robbery statute, Penal Code Section 211. Robbery, defined as taking personal property from someone by force or fear, applies to banks just as it would apply to any individual. A person convicted of robbery in California faces severe penalties, including prison time, fines, and paying restitution to victims.
However, there is more to the story when the charges involve the robbery of a bank. Most banks are federally insured, which means they are under federal jurisdiction.
Is Bank Robbery a Federal Crime?
Yes, robbing a bank is considered a federal crime in most circumstances. The Federal Bank Robbery Statute was passed in 1934, making it a federal offense to rob a federally insured institution, including almost all commercial banks. Federal prosecution is triggered whenever an FDIC-insured bank is targeted, covering most banking institutions across the country.
This means that if you are accused of robbing a bank in California, you will likely face federal charges—regardless of where you are within the state. The implications of federal jurisdiction are critical, as they bring more stringent penalties and different legal procedures than state-level robbery charges.
How Does Federal Jurisdiction Change Bank Robbery Cases?
Federal jurisdiction significantly impacts how prosecutors handle bank robbery cases, from the investigation process to trial procedures and sentencing. Let’s look at how it differs from state prosecution.
Federal Investigation and Prosecution
When federal jurisdiction applies, agencies like the Federal Bureau of Investigation (FBI) often lead the investigation. Federal authorities are more involved in cases that fall under federal statutes, and their greater resources typically result in thorough, detailed investigations.
While local law enforcement may assist, federal agents often handle evidence collection, witness interviews, and prosecution. Once federal authorities take over, the case shifts to a different level of scrutiny compared to typical state robbery cases.
Differences in Legal Procedures
Federal criminal cases operate under different rules than state cases. The Federal Rules of Criminal Procedure govern how the case is managed, from pre-trial motions to evidence handling. Federal courts also tend to be more rigid with pre-trial detention. Due to the perceived severity of federal offenses, defendants charged with federal crimes like bank robbery are more likely to remain in custody until trial.
Federal Sentencing Guidelines
One of the most notable differences between state and federal prosecution is the application of the Federal Sentencing Guidelines. These guidelines determine the length of a defendant’s sentence based on the nature of the crime, the defendant’s prior criminal history, and other aggravating or mitigating factors.
For bank robbery, federal sentencing is typically much harsher than state-level punishment. The base sentence for federal bank robbery under 18 U.S.C. section 2113 can reach twenty years in prison. But factors like using a firearm, causing injury, or taking hostages can escalate the penalties even further—sometimes leading to life imprisonment.
Federal sentences also offer fewer opportunities for parole or sentence reductions compared to state cases.
What Is the Minimum Sentence for Bank Robbery?
The minimum sentence for federal bank robbery under United States law is typically ten years in prison. However, this can vary based on factors such as the use of a weapon or prior criminal history. Aggravating factors like causing injury during the crime can lead to even harsher penalties.
Potential for Dual Prosecution
One unique aspect of bank robbery is the potential for dual prosecution. Because the crime often violates both state and federal law, defendants can face charges in both jurisdictions. While this is less common, it can happen, leading to separate trials and sentencing under both state and federal systems.
For instance, if a robbery results in severe injury to victims, state prosecutors might pursue charges under California’s criminal statutes while federal prosecutors handle the charges under 18 U.S.C. section 2113. This possibility complicates defense strategies and makes it even more essential to have an attorney experienced in both state and federal cases.
Defending Against Bank Robbery Charges in California
Being charged with bank robbery is a daunting experience, especially when federal authorities are involved. However, being charged does not mean you are automatically guilty. There are several defenses that a knowledgeable attorney can explore.
- Lack of intent. One of the critical elements of a robbery charge is the intent to steal. If your attorney can show that you did not intend to commit robbery, the charges could be reduced or dismissed.
- Mistaken identity. In some cases, defendants are wrongfully accused due to mistaken identity. An attorney can challenge the accuracy of witness identifications or surveillance footage to argue that you were not the individual who committed the crime.
- Coercion or duress. If another person forced or coerced you into participating in the robbery, your attorney can argue that you acted under duress—which could mitigate or even block the charges against you.
A successful defense strategy requires a thorough understanding of federal and state laws and their respective legal systems. This is why it is crucial to have a defense attorney with experience in both federal and state courts.
Why You Need an Attorney Experienced in Federal Cases
Federal charges are not just a bigger version of state crimes—they come with a whole new set of legal rules, procedures, and risks. If you are facing federal charges for bank robbery, you need a defense attorney with in-depth knowledge of federal court procedures and experience dealing with federal prosecutors.
Click to contact our San Diego County federal crime attorneys today
How Our San Diego County Federal Crime Attorneys Can Help
Facing a federal bank robbery charge in California is daunting. The penalties are severe, and the legal landscape is complex. But with the right defense strategy, you have options.
At The Law Offices of Kerry L. Armstrong, APLC, we bring that experience to every case we handle. Our team is well-versed in state and federal criminal law and has a proven track record of defending clients in some of the most challenging federal cases.
Our seasoned attorneys know how to navigate the federal system, from negotiating with federal prosecutors to challenging evidence and securing the best possible outcomes for our clients.
Don’t leave your future to chance. Call (619) 234-2300 or complete a Free Case Evaluation form today.
Where to find our San Diego office
Resources:
- FBI: What We Investigate: Bank Robbery, link
- 1349. Bank Robbery — General Overview. US Department of Justice Link
- Federal Rules of Criminal Procedure. US Courts, link
- United States Sentencing Guidelines 2023, US Sentencing Commission link
- Double Jeopardy, Dual Sovereignty, and Enforcement of Tribal Laws. CRS link
Kerry L. Armstrong
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