Federal Bank Robbery – 18 U.S.C. § 2113
When it comes to banks being robbed, the federal government is typically involved in it because all of the banks are federally insured, and they obviously have an interest in making sure that their money is not stolen in any way, or the federal government will have to pay for it.
Therefore, the FBI is typically the ones who are involved in federal bank robbery cases and they are the ones that make sure people are arrested and prosecuted and handed over to the federal prosecutors who will use 18 USC Section 2113 in order to prosecute somebody for a federal bank robbery. When it comes to federal bank robbery, there's a number of different ways that somebody can be prosecuted.
They can go in and obviously force their way into a bank and use violence against the employees and take the money. The could also use intimidation. They could also use threats of extortion. There's all sorts of different ways that a federal bank robbery can take form, but the bottom line is that the feds take these crimes very seriously and they will prosecute to the highest level when it comes to people taking bank's money. They also use sophisticated technology in order to catch people who are involved with federal bank robberies.
Obviously, most of the banks across the nation have cameras all over the bank and that's the first thing that is pulled if somebody gets away from a bank after robbing it at gunpoint or otherwise. They will get the tapes, they will use their forensic analysis and they will try to track and find out who the person is who took the bank's money.
If they figure out a possible suspect, they also have other technology like the use of cell phones – they could use what's called “ping evidence” to figure out where a person's cell phone was at a certain time and location pretty darn close to accurate. So, that's another form of investigation that I've seen them utilize in order to catch people who rob banks.
Defense for Federal Bank Robbery Charges
Obviously, if you're charged with bank robbery in federal court, you're going to want to consider some defenses, unless of course the feds simply have the goods on you where they have you on videotape actually robbing the bank and you didn't where a mask or any type of a disguise.
For those people where there's trouble with their case – in other words, the feds are going to have a problem proving that they committed a federal bank robbery, obviously you want to get a good criminal defense attorney on your side, let them look at all the evidence, sit down with you, go over it and come up with a defense strategy – whether it be that you were not the person, you've got an alibi, somebody else is the one that did it – or they simply just don't have the evidence to show that you're the one that was involved in the bank robbery.
What I will typically do is, once I get on the federal case, I will get all the evidence related to the case and review it. I will also give the evidence to my client and give him an opportunity to review it, and then we will sit down and talk about what evidence they have, and we will talk about what the client's position is related to the federal bank robbery charge and then we will devise our defense.
It's crucial in my opinion that the client is involved in their own defense, that the client is honest with me and doesn't put any spin on the facts that they know or omit anything, so that I can properly defend them and pull out all the stops to get them the best possible result.
And then of course, it's my job also to be straightforward with the client – let them know what I think. Give them the benefit of my twenty-five years' plus of experience in these types of matters and then we can put together the plan that will achieve success. Success can come in many different forms, but of course, the bottom line is if the case is not going to be dismissed, then we need to do damage control and get the best possible result.
Charged with Bank Robbery?
Due to banks being federally insured, bank robbery charges are typically heard in federal court. Bank robbery is the stealing of money through intimidation, force, or threat from a bank during business hours. If the bank is closed, the crime would be considered a burglary which is defined as the trespassory breaking and entering into a structure with the intent to commit a felony.
As seen in the movies, most people commit bank robberies using masks and guns. The force and violence used during the course of the crime will determine the severity of the penalties imposed. Other factors taken into consideration when determining sentencing are: amount of money taken, number of victims involved, number of accomplices involved, use of firearms, other weapons, or stolen car, and any prior criminal history. Being a federal offense, not only to local authorities will be involved with the investigation but also FBI agents.
The federal crime of bank robbery is a serious offense and if you or someone you know is facing such allegations, a federal criminal defense attorney is absolutely necessary. Our Los Angeles Lawyers at the Hedding Law Firm have an extensive amount of experience in federal court and we know exactly how to approach and handle cases such as bank robbery.