A federal bank-robbery charge does not identify one uniform offense or sentence. If your indictment or information cites 18 U.S.C. § 2113, have counsel check the subsection and facts alleged in each count before evaluating a plea or defense. The statute covers different conduct: a force or intimidation taking, entry with a specified intent, larceny, receipt of stolen property, and aggravated conduct. It also defines which financial institutions qualify. The charging paper, discovery and event chronology matter more than a general label such as “bank robbery.”
Which § 2113 allegation is actually charged?
| Statutory route | What to check in the charge and evidence |
|---|---|
| § 2113(a), first paragraph | Does the government allege taking or attempting to take property from a person or that person’s presence by force and violence or intimidation, or obtaining or attempting to obtain it by extortion? Was the property held by a covered institution? |
| § 2113(a), second paragraph | Does the count instead allege entering or attempting to enter a covered institution with intent to commit a felony affecting it that violates a federal statute, or larceny? Entry with the specified intent is a distinct route; the allegation need not describe a completed force-and-intimidation taking. |
| § 2113(b) or (c) | Does (b) allege taking and carrying away property with intent to steal or purloin? Does (c) instead allege knowing receipt, possession or concealment of property stolen in violation of (b)? Check the alleged property value and the accused person’s role. |
| § 2113(d) or (e) | Does (d) allege assault or putting a person’s life in jeopardy through a dangerous weapon or device while committing or attempting an (a) or (b) offense? Does (e) allege a killing or forced accompaniment during the offense, escape or related arrest stage? These require their own facts. |
These routes and conditions come from the full text of § 2113(a)–(e). A weapon’s presence alone does not establish the assault or life-in-jeopardy condition in (d). Likewise, a person may be accused under (b) or (c) without a force-taking allegation. If several subsections appear, ask counsel to map each count separately rather than assume they are interchangeable.
Why does the institution matter?
Section 2113(f)–(h) defines covered banks, credit unions and savings-and-loan associations through specified federal organization, membership, insurance or other statutory categories. A storefront that looks like a bank is not enough, by itself, to establish the charged institution’s status. Counsel can compare the indictment with institution records and the property’s ownership or custody. The accused person need not have crossed a state line for every § 2113 route; the statute’s institution and conduct requirements must be checked as written.
Do all federal bank-robbery counts carry the same maximum?
No. Section 2113 sets different statutory branches. Subsection (a) permits up to 20 years. Under (b), a taking worth more than $1,000 permits up to 10 years, while $1,000 or less permits up to one year; (c) uses the corresponding (b) punishment. Subsection (d) permits up to 25 years if its added conditions are established. Under (e), killing or forced accompaniment carries at least 10 years, with a separate death or life-imprisonment branch if death results. These are statutory ranges and conditions, not a prediction of the charge that will be proved or a sentence in your case. A California robbery classification cannot substitute for the federal count.
What should you review with counsel now?
Bring the entire indictment or information, including every subsection citation, any superseding charge, and the available discovery. Federal Rule of Criminal Procedure 7(c) calls for a count to state essential facts and cite the law allegedly violated; a citation error alone does not automatically dismiss a count without misleading prejudice. Ask counsel to compare the government’s alleged timeline with original video, transaction records, communications, witness accounts and institution-status evidence. Preserve the originals and identify what remains missing before making a plea decision.
If you face a § 2113 charge in a federal case connected to California, the Law Offices of David S. Chesley can discuss the actual counts and records with you. Call (800) 755-5174.