Facing accusations of bank robbery can be a stressful and overwhelming experience. However everyone is entitled to a fair trial in court, which makes it crucially important to understand your legal options when mounting a bank robbery legal defense.
Today, we’ll discuss how to defend against bank robbery charges, and the possible defenses for federal bank robbery that can help you reduce the charges and minimize penalties.
Understanding the Severity of Federal Bank Robbery Charges
Bank robbery is a serious crime with significant potential penalties, including lengthy prison sentences and additional fines. But what exactly constitutes bank robbery?
Bank robbery is defined in Title 18, section 2113 of the US Criminal Code as:
“The taking or attempted taking by force, intimidation, or extortion, of any property, money or any other thing of value belonging to, or in the care, custody, control, management or possession of any bank, credit union, or savings and loan association”
This section of the US Criminal code also dictates that simply entering the premises of a financial institution with the intention of committing a robbery, whether the robbery was successful or not, can still lead to federal bank robbery charges. And the penalties for bank robbery start with prison sentences up to 20 years, with fines to boot.
What’s more, Title 18, Section 2113 also makes it a crime to knowingly receive, possess, or conceal any money or anything else of value that has been stolen from a bank or other financial institution. That means that if you have held onto anything of value that another person has stolen from a bank, you yourself could be charged with bank robbery.
The US Criminal Code has even harsher penalties for those who commit assault with a dangerous weapon or threaten the life of another during the course of a bank robbery. Assault or threat of assault with a weapon – even if it is a toy, increases the penalty to 25 years in prison, plus fines.
And if during the course of the robbery or attempted escape you kill another person or persons, you may face life imprisonment and potentially even the death penalty.
If you have been accused of such crimes, consult with a bank robbery defense lawyer as soon as possible to begin building a case for your defense.
Are All Bank Robbery Charges Federal Charges?
The vast majority of bank robbery cases are handled federally, due to most banks being federally funded or insured.
Committing robbery against any institution that is a member of the Federal Reserve banking system, or is insured by the Federal Deposit Insurance Corporation (FDIC) qualifies as a federal crime. Even stealing from an ATM, night deposit box, or bank messenger belonging to one of these institutions is considered federal bank robbery.
However not all banks are federally insured or belong to the Federal Reserve system. State chartered banks exist which do not belong to these systems, thus robbery of these types of banks may be prosecuted at the state level. However, even in cases involving state chartered banks, the federal government may claim jurisdiction if federal interests such as interstate commerce are threatened.
In Illinois, bank robbery of State chartered (non-federal) banks is covered under 720 ILCS 5/18, which defines robbery as knowingly taking property by use or threat of use of force.
In Illinois robbery is punishable as a Class 2 felony, which can be escalated to aggravated robbery (a Class X felony) if a firearm or other dangerous weapon is used. Class X felony robbery is punishable with an additional 15 years of prison time added to the sentence imposed by the court. An additional 20 years may be imposed if a firearm is discharged during a robbery, and 25 years additional if the firearm causes bodily harm or death during the robbery.
How To Defend Against Bank Robbery Charges
Now that we understand what constitutes bank robbery and the potential penalties for it, we can discuss how to defend against bank robbery charges.
For the prosecution to successfully convict a defendant of bank robbery, they must be able to prove beyond reasonable doubt that the defendant intentionally stole or attempted to steal from a financial institution, using force or threat of violence. To that end, a successful defense in a bank robbery case must throw these requirements into question.
Some possible defenses for federal bank robbery include:
Lack of Force or Intimidation
One of the requisites for a conviction is the use or threat of force. If the prosecution cannot prove beyond reasonable doubt that force, violence, or intimidation was used or threatened, then lack of force may be an appropriate basis for a defense.
Mistaken Identity
Mistaken identity is still one of the most common bank robbery legal defenses, despite the prevalence of video surveillance technology. A skilled bank robbery defense lawyer can challenge the reliability of video evidence, as well as challenge the reliability of eye witness testimony through cross examination. Contradicting eye witness testimony, as well as a strong alibi for your whereabouts can greatly increase the chance of success for this defense.
Improper Police Conduct
This form of defense in a bank robbery case is based on the violation of a defendant’s constitutional rights during the investigation. For example, if the police conducted a search of the defendant’s home without a warrant, that can be considered illegal search and seizure, a violation of the Fourth Amendment to the United States Constitution. Any evidence found in an illegal search can be dismissed by the court. Similarly, the Fifth Amendment protects individuals from self incrimination. If the police failed to explain the Miranda rights to the defendant, or used any form of physical or psychological abuse to elicit a confession, this can be considered a violation of your Fifth Amendment rights.
Duress
Acting under duress means that the defendant was forced to commit the bank robbery under threat of death or serious bodily harm to themselves or a family member. For example, if someone held the defendant’s family hostage at gunpoint, and demanded they rob a bank, that could constitute duress. Duress can be difficult to prove – the defense must be able to show an immediate and severe threat was posed, with no reasonable alternative other than for the defendant to commit the crime.
Insanity Defense in Bank Robbery
Pleading insanity as a defense in bank robbery is rare, but can potentially be viable. The insanity defense in bank robbery requires the testimony of a mental health expert. The expert must use one of the commonly accepted legal standards for insanity, such as the McNaughten Rule to show the defendant was unable to understand the difference between right and wrong, or the Moral Penal Code Test to show that they lacked the capacity to conform their conduct to the law.
Reducing Penalties In Bank Robbery Case
In some cases a conviction may be inevitable, but reducing the penalties in a bank robbery case might still be possible. Defendants who accept responsibility for their actions by pleading guilty early in the process and show remorse may be eligible to receive a reduced sentence. Cooperation with authorities by testifying against others involved in the crime can also help secure a reduced sentence.
Conclusion
Bank robbery legal defenses are complex, and it takes the expertise of a skilled lawyer to gain the best outcome. If you have been charged with bank robbery, don’t waste any time in seeking the help of a bank robbery defense lawyer.
An experienced defense attorney will thoroughly investigate the facts of the case, including eye witness and police reports, and help you explore your legal options.
At Criminal Lawyer Illinois, we are committed to providing our clients with the highest quality legal representation and defense in bank robbery cases. With over 17 years of experience in Illinois and federal criminal law, our principal attorney Sami Azhari has the skill to help you create a strong defense in bank robbery cases.
Contact Sami Azhari at Criminal Lawyer Illinois today for a consultation on your case. We are dedicated to helping our clients understand their legal options, and will vigorously defend you on your day in court. Contact Criminal Lawyer Illinois today.