How much prison time do you get for bank robbery?
Contents
- 1 How Much Prison Time Do You Get for Bank Robbery?
- 2 Overview of Federal Bank Robbery Laws
- 3 Factors That Influence Bank Robbery Sentences
- 4 Typical Sentencing Ranges for Bank Robbery
- 5 Mandatory Minimum Sentences for Bank Robbery
- 6 Defenses to Federal Bank Robbery Charges
- 7 Why You Need an Experienced Federal Criminal Defense Attorney
- 8 Frequently Asked Questions About Bank Robbery Sentences
- 9 What’s the average sentence for bank robbery?
- 10 Can I get probation for bank robbery?
- 11 How much time will I actually serve?
- 12 What if no money was actually stolen?
- 13 Does pleading guilty reduce the sentence?
- 14 Can the sentence be appealed?
- 15 Contact Spodek Law Group for Help With Your Bank Robbery Case
How Much Prison Time Do You Get for Bank Robbery?
Bank robbery is one of the most serious federal crimes a person can commit. At Spodek Law Group, we have extensive experience defending clients against bank robbery charges and navigating the complex federal sentencing guidelines. If you or a loved one is facing bank robbery charges, it’s critical to understand the potential penalties and work with an experienced federal criminal defense attorney.
Overview of Federal Bank Robbery Laws
Bank robbery is prosecuted under 18 U.S.C. § 2113, which covers robbery, burglary, and larceny of banks and other financial institutions. The statute defines several different offenses related to bank robbery with varying penalties:
- Bank robbery – Taking or attempting to take property, money, or anything of value from a bank, credit union, or savings and loan association by force, violence, and intimidation. This carries up to 20 years in prison.
- Armed bank robbery – Committing or attempting bank robbery while armed with a dangerous weapon or device. This carries up to 25 years in prison.
- Bank robbery resulting in death – Killing someone or forcing someone to accompany the robber against their will during a bank robbery. This carries a minimum of 10 years up to life in prison or the death penalty.
- Bank burglary – Entering or attempting to enter a bank with intent to commit a felony or larceny. This carries up to 20 years in prison.
- Bank larceny – Stealing or attempting to steal money or property from a bank. This carries up to 10 years in prison for amounts over $1,000 and up to 1 year for amounts under $1,000.
As you can see, the potential sentences for bank robbery charges are extremely serious. Even a basic unarmed bank robbery charge carries up to 20 years in federal prison. And if a weapon is involved or someone is killed, the penalties become even more severe.
Factors That Influence Bank Robbery Sentences
While the statute provides maximum penalties, the actual sentence in a bank robbery case will depend on many factors. Federal judges use the U.S. Sentencing Guidelines to calculate a recommended sentencing range based on:
- The specific offense committed – Armed robbery carries higher penalties than unarmed robbery
- Criminal history – Prior convictions increase the sentencing range
- Amount stolen – Larger amounts lead to higher sentences
- Use of weapons – Brandishing or discharging a firearm adds to the sentence
- Injury to victims – Causing bodily injury increases penalties
- Number of financial institutions robbed – Multiple robberies lead to higher sentences
- Role in the offense – Leaders/organizers face enhanced penalties
- Acceptance of responsibility – Pleading guilty can reduce the sentence
The judge will consider these and other factors to determine where within the guideline range to sentence the defendant, or whether to depart from the guidelines entirely.
Typical Sentencing Ranges for Bank Robbery
To give you a general idea of potential sentences, here are some typical guideline ranges for federal bank robbery convictions:
| Offense | Typical Sentencing Range |
|---|---|
| Unarmed bank robbery (first offense) | 41-51 months |
| Armed bank robbery (first offense) | 70-87 months |
| Bank robbery with firearm discharged | 97-121 months |
| Bank robbery resulting in serious injury | 121-151 months |
| Bank robbery resulting in death | Life imprisonment |
Keep in mind these are just general ranges. The specific facts of the case and the defendant’s criminal history can push sentences higher or lower. An experienced federal criminal defense lawyer can often negotiate for a sentence at the lower end of the range or even below the guidelines in some cases.
Mandatory Minimum Sentences for Bank Robbery
While judges have some discretion in sentencing, there are mandatory minimum sentences that apply to certain bank robbery offenses:
- Armed bank robbery – 7 year mandatory minimum if a firearm is brandished, 10 years if discharged
- Bank robbery resulting in death – 10 year mandatory minimum up to life in prison or death penalty
- Multiple convictions – 25 year mandatory minimum for a second or subsequent conviction
These mandatory minimums limit the judge’s ability to impose a lower sentence, even if they believe it would be appropriate. That’s why it’s critical to mount an aggressive defense and try to avoid conviction on charges carrying mandatory minimums whenever possible.
Defenses to Federal Bank Robbery Charges
While bank robbery charges are very serious, there are a number of potential defenses that an experienced attorney can raise:
- Lack of evidence – The prosecution must prove every element of the crime beyond a reasonable doubt. We carefully scrutinize the evidence for any weaknesses.
- Mistaken identity – Bank robberies often happen quickly, making eyewitness identifications unreliable. We challenge any questionable identifications.
- Alibi – If you were somewhere else at the time of the robbery, we gather evidence and witnesses to support your alibi.
- Coercion – If you were forced to participate in the robbery under threat, this can be a defense.
- Entrapment – If law enforcement induced you to commit a crime you weren’t predisposed to commit, this may be a valid defense.
- Mental illness – Severe mental illness that prevented you from understanding your actions can be a defense.
- Intoxication – While not a complete defense, evidence of intoxication can negate the specific intent required for robbery.
- Fourth Amendment violations – We scrutinize the investigation for any illegal searches or seizures that could lead to suppression of evidence.
The specific defenses available depend on the facts of your case. Our experienced federal criminal defense attorneys at Spodek Law Group will thoroughly investigate your case to identify the strongest possible defenses.
Why You Need an Experienced Federal Criminal Defense Attorney
Federal bank robbery cases are extremely complex. The potential penalties are severe and the federal court system has its own unique procedures and rules. You need an attorney with specific experience in federal criminal defense to give you the best chance at a favorable outcome.At Spodek Law Group, we have decades of experience defending clients against federal charges, including bank robbery. We understand the intricacies of the federal sentencing guidelines and how to navigate plea negotiations with federal prosecutors. Our attorneys will fight tirelessly to protect your rights and freedom.Some key ways we can help with your bank robbery case include:
- Conducting a thorough independent investigation
- Identifying and interviewing potential witnesses
- Scrutinizing the prosecution’s evidence for weaknesses
- Filing motions to suppress illegally obtained evidence
- Negotiating with prosecutors for reduced charges or dismissal
- Advocating for lower sentences under the federal guidelines
- Presenting mitigating evidence at sentencing
- Appealing convictions and sentences when appropriate
Don’t face federal bank robbery charges alone. Contact our experienced federal criminal defense team at Spodek Law Group today for a free consultation. We’re available 24/7 at 212-300-5196 to discuss your case.
Frequently Asked Questions About Bank Robbery Sentences
Here are some common questions we receive about federal bank robbery sentences:
What’s the average sentence for bank robbery?
The average sentence for federal bank robbery is around 7-8 years. However, sentences can range from probation up to life in prison depending on the specific circumstances. Armed robberies and those involving injuries typically result in longer sentences.
Can I get probation for bank robbery?
Probation-only sentences for bank robbery are rare, but possible in some cases involving minimal loss amounts, no weapons, and defendants with little or no criminal history. However, most convictions result in at least some prison time.
How much time will I actually serve?
Federal prisoners must serve at least 85% of their sentence before being eligible for release. So for a 10 year sentence, you would serve at least 8.5 years. Good behavior credits can reduce the time served slightly.
What if no money was actually stolen?
Attempted bank robbery carries the same penalties as completed robbery under federal law. Even if no money was obtained, you can still face up to 20 years in prison.
Does pleading guilty reduce the sentence?
Pleading guilty and accepting responsibility typically results in a sentence reduction of 2-3 levels under the federal sentencing guidelines. This can mean a significantly lower sentence in many cases.
Can the sentence be appealed?
Yes, federal criminal sentences can be appealed. However, appeals are limited to legal errors by the judge or sentences outside the guideline range. An experienced federal appeals lawyer can advise you on potential grounds for appeal.
Contact Spodek Law Group for Help With Your Bank Robbery Case
If you or a loved one is facing federal bank robbery charges, time is of the essence. The sooner you have an experienced federal criminal defense attorney on your side, the better your chances of a favorable outcome.At Spodek Law Group, we have a proven track record of success in federal criminal cases. We understand the nuances of federal law and how to effectively navigate the federal court system. Our attorneys will fight tirelessly to protect your rights and freedom.Don’t wait to get the legal help you need. Contact Spodek Law Group today for a free consultation on your bank robbery case. We’re available 24/7 at 212-300-5196. Let us put our experience and resources to work for you.