18 U.S.C. § 2113 – Federal Bank Robbery and Incidental Crimes
Federal bank robbery is prosecuted under 18 U.S.C. § 2113, a broad statute that covers robbery, burglary, larceny, and related crimes involving banks, credit unions, and savings and loan institutions.
Convictions under this statute can carry decades in federal prison — and in certain cases, life imprisonment.
If you are under investigation or charged with violating 18 U.S.C. § 2113, you are facing a serious federal felony.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is Federal Bank Robbery Under 18 U.S.C. § 2113?
Under 18 U.S.C. § 2113(a), federal bank robbery occurs when someone:
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Takes or attempts to take money or property
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By force, violence, or intimidation
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From a bank, credit union, or savings and loan association
The statute also covers:
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Robbery of armored trucks or bank messengers
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Theft from night depositories
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ATM-related robberies
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Entering a bank with intent to commit a felony or larceny
The government must prove that the institution qualifies as a federally insured financial institution under the statute's definitions.
What Does “By Force or Intimidation” Mean?
Federal prosecutors do not have to prove actual physical violence occurred.
Intimidation may include:
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Threatening language
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Implying possession of a weapon
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Conduct that causes fear in a teller or employee
For example, stating “I have a gun” — even if no weapon is displayed — may satisfy the intimidation element.
Is Entering a Bank with Criminal Intent a Federal Crime?
Yes.
Under 18 U.S.C. § 2113(a), entering or attempting to enter a bank with intent to commit:
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A felony affecting the institution, or
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A larceny
can result in federal charges — even if the crime is not completed.
This expands the statute beyond traditional robbery scenarios.
Lesser Included Offenses Under 18 U.S.C. § 2113
The statute includes lesser-included offenses, meaning less serious crimes that fall within the broader robbery charge.
Bank Larceny
Under § 2113(b), taking and carrying away bank property exceeding $1,000 with intent to steal — without force or intimidation — may result in federal charges.
This differs from robbery because it lacks the force or fear element.
Receiving Stolen Bank Property
Under § 2113(c), it is illegal to:
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Receive
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Possess
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Conceal
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Dispose of
stolen bank property.
Penalties for certain lesser offenses may be significantly lower than armed bank robbery charges.
Related Federal Statutes
Federal bank robbery cases often involve additional charges under related statutes, including:
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18 U.S.C. § 2113(d) – Assault with a dangerous weapon
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18 U.S.C. § 2114 – Robbery of U.S. property or mail
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18 U.S.C. § 2118 – Robbery involving controlled substances
Prosecutors frequently file multiple counts in complex cases.
What Are the Penalties for Federal Bank Robbery?
Penalties depend on the specific subsection charged and the facts of the case.
Basic Federal Bank Robbery
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Up to 20 years in federal prison
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Fines up to $250,000
Aggravated Circumstances (Violence or Weapon Use)
If the defendant:
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Assaulted someone
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Used a dangerous weapon
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Put someone's life in jeopardy
The penalty may increase to up to 25 years in prison.
Kidnapping or Death Resulting
If a person is kidnapped or killed during the robbery or escape:
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Mandatory minimum of 10 years
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Up to life imprisonment
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Possible death penalty in extreme cases
Federal sentencing guidelines may further increase penalties based on:
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Amount stolen
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Use of a firearm
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Physical injury
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Criminal history
There is no parole in the federal system.
What Must the Government Prove?
To secure a conviction under § 2113, prosecutors must prove beyond a reasonable doubt:
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The defendant took or attempted to take money or property;
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The property belonged to a federally insured financial institution;
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The taking was accomplished by force, violence, or intimidation (for robbery charges);
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The defendant acted knowingly and intentionally.
Failure to prove any required element should result in acquittal.
Common Defenses to Federal Bank Robbery Charges
Defense strategy depends on the specific facts of the case.
Possible defenses include:
Mistaken identity
Surveillance footage or eyewitness testimony may be unreliable.
Lack of intimidation
The government cannot prove force or fear.
Institution not federally insured
If the institution does not meet statutory definitions, federal jurisdiction may fail.
Insufficient evidence
Prosecutors lack proof linking the defendant to the offense.
Illegal search or seizure
Evidence obtained in violation of constitutional rights may be suppressed.
Negotiating a lesser-included offense
Reducing robbery to larceny or another charge may significantly reduce sentencing exposure.
Even when evidence is strong, strategic negotiation may reduce prison time.
Frequently Asked Questions
Is every bank robbery automatically federal?
Most bank robberies are prosecuted federally because banks are typically federally insured institutions.
Can you be charged if no weapon was used?
Yes. Intimidation alone can satisfy the statute.
Is attempted bank robbery punishable?
Yes. Attempt carries similar penalties to a completed robbery.
Can charges be reduced?
In some cases, robbery charges may be reduced to lesser-included offenses such as bank larceny.
Speak With a Federal Criminal Defense Attorney
Federal bank robbery charges under 18 U.S.C. § 2113 carry severe penalties and long-term consequences.
Federal prosecutors are highly experienced and aggressive in pursuing these cases.
If you or a loved one is under investigation or charged, immediate legal representation is essential.
The Hedding Law Firm represents clients nationwide in federal criminal matters and is based in Los Angeles, California. Contact us for a confidential case evaluation to discuss your defense strategy and legal options.