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Understanding Federal Bank Robbery Charges and Penalties in New York
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Understanding Federal Bank Robbery Charges and Penalties in New York
Bank robbery is a very serious crime that can lead to severe penalties under both state and federal law. This article provides an overview of federal bank robbery laws and potential sentences for those convicted of bank robbery in New York.
What Constitutes Bank Robbery Under Federal Law
Under 18 U.S. Code § 2113, federal law defines bank robbery as taking or attempting to take money or property from a bank by force, violence, or intimidation. This includes entering a bank with the intent to commit a felony or larceny. Federal bank robbery laws apply to all federally insured banks, credit unions, and savings and loan associations.
If a weapon is used during a bank robbery, charges and penalties will be more severe. Weapons can include guns, knives, explosives, dangerous chemicals, or any other object used to harm or threaten people. Robberies involving hostage-taking or kidnapping will also lead to additional charges.
Overview of Federal Bank Robbery Penalties
Under federal law, bank robbery penalties are determined by factors like:
- If a weapon was used
- If there was hostage-taking or kidnapping
- If anyone was physically harmed
- The amount of money or property stolen
Potential federal sentences for bank robbery include:
- Up to 20 years in prison for basic bank robbery with no weapon, injuries, or other factors.
- Up to 25 years in prison if a dangerous weapon was used or someone was taken hostage.
- Up to life in prison if a death occurred during the robbery.
All federal bank robbery sentences also include the possibility of steep fines up to $250,000, plus restitution to the bank for stolen money or damages.
Sentencing Enhancements Under Federal Law
Beyond the base penalties listed above, federal sentencing guidelines also provide for a number of possible sentencing enhancements that can ratchet up prison time for bank robbers. These include things like:
- Prior felony convictions
- Firing a gun during the robbery
- Causing serious bodily injury
- Being an organizer or leader of multiple robbers
The more enhancements that apply, the longer the potential federal prison sentence can become – up to a maximum of life behind bars in the most extreme cases.
Defenses to Federal Bank Robbery Charges
While the penalties for bank robbery under federal law are clearly severe, experienced criminal defense attorneys can sometimes mount effective legal defenses in these cases. Possible federal bank robbery defenses include:
- Duress – You were forced to commit the robbery against your will under immediate threat of death or serious harm.
- Diminished mental capacity – You have a mental defect or disorder that prevented you from fully understanding or intending your actions.
- Misidentification – You were mistakenly identified and were not actually the person who committed the robbery.
- Entrapment – You were improperly induced or coerced into committing the robbery by government agents.
While bank robbery cases can be challenging to defend, a skilled federal criminal defense lawyer may be able to negotiate reduced charges or a lesser sentence in some instances.