Robbery Defense Lawyer

Robbery:

Chapters 95 and 103 of title 18 of the United States Code prohibit crimes involving robbery of property in the care, custody, or control of the United States or affecting interstate or foreign commerce by force or violence. Robbery offenses include: Hobbs Act robbery (18 U.S.C. § 1951); bank robbery (18 U.S.C. § 2113); robbery of United States mail (18 U.S.C. § 2114); robbery of controlled substances (18 U.S.C. § 2118); and carjacking (18 U.S.C. § 2119).

Hobbs Act Robbery is defined by federal statute as:  “Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section.” Both attempts and conspiracy to commit a Hobbs Act robbery are punishable by the same maximum term of imprisonment of not more than 20 years as for a substantive

Hobbs Act robbery.

I can fight Hobbs Act robbery by challenging the impact of the actions on interstate commerce. If the conduct does not meet the threshold of impact on such commerce, then Hobbs Act Robbery does not apply.

Bank Robbery

18 U.S.C. Section 2113 prohibits bank robbery and armed bank robbery and attempts to commit such crimes. Section 2113(a) prohibits the robbery of financial institutions, such as banks, credit unions, or savings and loan associations.25 It also prohibits entering any

such financial institution or a building housing such a business with the intent to commit any felony or theft.

The statute provides:

Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association [shall be punished].

A violation of section 2113(a) is punishable by a statutory maximum term of imprisonment of 20 years, a fine, or both. Section 2113(a) also prohibits attempts to commit bank robbery, which are punishable by the same maximum term of imprisonment of 20 years. Generally, a conviction for attempted bank robbery requires that an individual engage in conduct representing a “substantial step” to commit the offense that demonstrates the defendant’s criminal intent. Examples of a “substantial step” include traveling to a bank to review its layout (often referred to as “casing the bank”) or obtaining equipment to use in the robbery.

Section 2113(d) prohibits the use of a dangerous weapon, such as a firearm, in the commission of the offenses defined in section 2113(a). The use of a dangerous weapon entails more than mere possession; the dangerous weapon must be actively used to make victims aware of it and instill fear of its possible use. A violation of section 2113(d) is punishable by a fine, a term of imprisonment of not more than 25 years, or both. Similar to section 2113(a), section 2113(d) prohibits attempts but does not address conspiracies. As with unarmed bank robbery under section 2113(a), conspiracy to commit armed bank robbery under section 2113(d) must be prosecuted under the general federal conspiracy statute at section 371, which carries a maximum penalty of five years of imprisonment. Section 2113(e) provides for increased penalties if, in committing any offense defined in section 2113, during the robbery or subsequent escape or attempt to escape, the defendant “kills any person” or “forces any person to accompany him” without consent. A victim has been forced to “accompany” the defendant when the defendant forces the victim to “go somewhere with him, even if the movement occurs entirely within a single building or over a short distance.” Courts have interpreted “kills” in section 2113(e)—rather than “intentionally kills” or “murders”—as reflecting congressional intent to punish for any homicide related to the commission of a bank robbery regardless of whether the killing was intentional or not. If a person is killed or abducted, the mandatory minimum term of imprisonment is ten years, and if death results, the penalty is death or life imprisonment.

These are serious charges with serious penalties. There are numerous strategies to attack robbery cases. I will thoroughly analyze the evidence to find weaknesses in the government’s case. I can file motions to exclude evidence and employ other methods of attacking the government’s evidence. Contact me to discuss these robbery defense law strategies.