Federal Robbery
Bank robbery under 18 U.S.C. section 2113 is a tiered statute. The base offense of taking or attempting to take property from a bank by force, violence, or intimidation carries up to twenty years. If the defendant assaults any person or puts any person’s life in jeopardy by the use of a dangerous weapon or device during the offense, the maximum increases to twenty-five years. If the defendant kills anyone or forces anyone to accompany him during the offense, during flight, or during an attempt to avoid arrest, the statute imposes a mandatory minimum of ten years; if death results, the punishment is death or life imprisonment. Hobbs Act robbery under 18 U.S.C. section 1951 (robbery affecting interstate commerce) carries up to twenty years.
When robbery becomes federal
Most robberies are state offenses. A robbery becomes federal when it targets a federally insured bank or credit union, involves interstate commerce (Hobbs Act), or occurs on federal property. Carjacking under 18 U.S.C. section 2119 is federal when the vehicle has been transported across state lines.
Bank-robbery cases are investigated by the FBI. The evidence typically includes surveillance video, GPS tracking of bait money, dye packs, witness identifications, and cell phone location data. Serial bank robbery cases often involve extensive investigation before arrest.
Firearms enhancements
A section 924(c) charge for using a firearm during a crime of violence adds a mandatory five years consecutive for the first offense and twenty-five years for any subsequent offense. These sentences stack and cannot run concurrently with the robbery sentence.
See also state robbery charges.
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If you have been convicted and need an appeal, email us at [email protected].