Federal Bank Robbery - 18 USC 2113

Laws Regarding Federal Bank Robbery Charges in California – (18 USC 2113)

If you have been charged with federal bank robbery in California under 18 USC 2213, you are facing serious legal consequences.

• You walk up to the bank counter and hand a note to the teller that says, “I have a weapon in my pocket, calmly hand over $100,000 in cash or things will get messy.” The teller complies with your command and you calmly walk away without incident.

• You threaten a bank customer at gunpoint to withdraw money from an outdoor bank ATM and steal the money. Note here that the customer did not have control over the bank money. If the customer already had the money in his or her possession, this may not constitute federal bank robbery.⁴

Night Depositories, ATMs, and Armored Trucks

• an armored truck or bank messenger;
• a night depository; or
• an automatic teller machine (ATM).

• Federal burglary or larceny (18 USC § 2113(a));
• Federal receipt of stolen bank property (18 USC § 2113 (c));
• Federal assault with a deadly weapon (18 USC § 2113 (d));
• First degree felony murder (California Pen. Code, § 189);
• Robbery (California Pen. Code, § 211);
• Assault with deadly weapon or force likely to produce great bodily injury (California Pen. Code, § 245); or
• Extortion (California Pen. Code, § 245).

Prosecution of Federal Bank Robbery under 18 USC 2113

• You took or attempted to take money, property, or another specific thing of value from the person or presence of another belonging to or in the care, custody, control, management or possession of a bank, savings and loan association, or credit union;

• At the time charged in the indictment the bank or credit union had its deposits insured by the Federal Deposit Insurance Corporation (FDIC), Federal Savings & Loan Insurance Corporation or National Credit Union Administration; AND

• You acted to take such money; property; or other specific thing of value by force and violence, or by intimidation.

Sentencing & Punishment for Federal Bank Robbery

If you are convicted of federal bank robbery in California, you face up to 20 years in state prison.

• Up to 20 years in federal prison 
• Up to $250,000 in fines 
• Both fine and imprisonment 

• If you assault another person in the course of the bank robbery or use a dangerous weapon or device, you may face increased fines and up to 25 years in prison.
• If you kill or abduct another person during the course of the bank robbery or while attempting to flee from the authorities, you face life in prison or the death penalty.

Possible Defenses to Federal Bank Robbery Charges

• You did not use force, violence or intimidation. If you did not use force, violence or intimidation, you should not be convicted of federal bank robbery. For example, if you used fraud or deceit to withdraw funds from another person’s account electronically, you may be found guilty of one or more federal fraud crimes, but not federal bank robbery.

• The institution you took was not a bank. If the institution you stole money from was not a bank, credit union, or savings and loan association as defined under 18 USC 2113(f)-(h), you should not be found guilty of federal bank robbery. Say, for example, you enter a grocery store and force another at gunpoint to withdraw funds from a US Bank ATM located within the store. This does not constitute bank robbery because, although the money was withdrawn from a US Bank ATM, the ATM is owned (or leased) and operated by the grocery store.

• Mistaken identity. If you are able to show that you were not the person who made or attempted the bank robbery, you should not be convicted of federal bank robbery. For example, if the alleged bank robber was wearing a mask, which is oftentimes the case, the prosecution may have a difficult time proving that you were the alleged robber.

Frequently Asked Questions

Contact a Federal Defense Attorney Immediately

The attorneys at Wallin & Klarich have been defending those charged with federal bank robbery in California for over 40 years.