Criminal Defense Lawyers

Bank Robbery Federal Defense Lawyers: What You’re Actually Facing (And What to Do Right Now)

Your probably reading this because the FBI showed up at you’re door. Or maybe your sitting in a holding cell trying to figure out what happens next. Maybe you just got that call—the one where somebody tells you that a family member has been arrested for federal bank robbery charges.

Here’s what I need you to understand right away: your not reading some generic legal webpage. This is information that could literally save you years—maybe decades—of your life. The decisions you make in the next 72 hours will effect everything that comes after.

Federal bank robbery charges are different then anything you might of dealt with in state court. Their prosecuted by the FBI, handled in federal court, and sentenced under completely different rules. The stakes are higher. The system is harsher. And the window for protecting yourself is closing faster then you realize.

What’s Actually Happening to You Right Now

First question: why is the FBI involved instead of local police? The answer goes back to 1934, when bank robbery became a federal crime under 18 U.S.C. § 2113. Any robbery of a federally insured bank—and thats basically every bank, credit union, and savings institution in America—gives the FBI jurisdiction.

This means you’re not just dealing with state prosecutors who handle hundreds of cases. Your dealing with Assistant United States Attorneys (AUSAs) who specialize in federal prosecutions. There conviction rate is over 90%. They have more resources then you can imagine. And they don’t negotiate the same way state prosecutors do.

Here’s whats probably happening right now:

If the FBI just contacted you: They already have evidence. Federal agents don’t show up for interviews unless they’ve built most of there case. The urge to “explain your side” is overwhelming. Resist it. You have the right to remain silent, and you should of used it the second they knocked.

If you’ve been arrested: You have 48 hours before your initial appearance. At that appearance, a magistrate judge will decide wether to release you or hold you in custody. Here’s the brutal truth: federal law creates a presumption of detention for bank robbery cases. This isn’t like state court where bail is normal.

If your in custody awaiting a detention hearing: This is happening within 3-5 days of you’re arrest. Defendants held pretrial plead guilty faster and recieve longer sentences (trust me on this). Which means getting released pretrial isn’t just about comfort, its about your ability to fight the case.

And here’s something nobody tells you: your family’s statements matter. If FBI agents show up at your mother’s house for a “welfare check,” anything she says can be used against you. If your girlfriend posts on social media about the case, that’s evidence. Every phone call you make from jail is recorded. Every text message, every email, every conversation with anyone except your attorney—all of it can and will be collected.

The timeline from here moves fast. Within 30 days, you’ll likely be indicted by a grand jury (which almost always happens—grand juries indict in 99% of cases). Within 70 days, you’ll either go to trial or enter a plea under the Speedy Trial Act. But the real decisions happen much sooner then that.

What You’re Actually Facing (Sentencing Reality)

When people hear “bank robbery,” they think of the maximum sentence: 20 years, or life imprisonment if a weapon was used. But here’s what you really need to understand—maximum sentences are basically irrelevant in federal court. What matters is the federal sentencing guidelines.

The guidelines work like a complicated math formula. You start with a base offense level, then add or subtract points based on specific factors, then multiply that against your criminal history category. The result is a range of months that the judge is supposed to follow.

For bank robbery under 18 U.S.C. § 2113(a), the base offense level is 20. For somebody with no criminal history, that’s 33-41 months in federal prison before any enhancements.

But here’s were it gets complicated. Enhancements add levels:

• If more then $10,000 was taken: Add 2 levels
• If a firearm was possessed: Add 5 levels (this is huge)
• If a dangerous weapon was used: Add 6 levels
• If anyone was injured: Add 2-6 levels
• If you were the organizer: Add 2-4 levels

Let me show you what this actually means:

Scenario 1: Unarmed, First-Time Offender
You walked into a bank, handed a note, got $3,000. No weapon. No prior record.
• Base offense level: 20
• Guideline range: 33-41 months
• With acceptance of responsibility: 24-30 months
• Actual time served: 20-26 months (you serve 85% in federal prison)

Scenario 2: Armed Robbery, No Prior Record
Same facts, but you had a gun in your waistband.
• Base offense level: 20
• Firearm possessed: +5 levels
• Guideline range: 57-71 months
• With acceptance: 46-57 months
• Actual time served: 3-4 years

Scenario 3: Multiple Robberies, Prior Record
Three banks over two weeks, total take $25,000, prior felony.
• Base offense level: 20
• Loss amount: +2 levels
• Pattern: +2 levels
• Criminal history category: III
• Guideline range: 63-78 months
• Actual time: 4.5-5.5 years

Notice the pattern? A gun turns 2-3 years into 5-8 years. Prior record adds years. And here’s something critical most attorneys don’t explain: the “loss amount” is negotiable. The prosecution has to prove intended loss by a preponderance of evidence. If you demanded “all the money” but the teller only gave you $2,000, is the intended loss $2,000 or $50,000? That 2-4 level difference can mean 2-3 years of your life.

One more thing about sentencing: the Bureau of Prisons has break points for security designations. A sentence under 10 years might qualify you for low-security (think: no fence, dormitory-style). A sentence over 10 years almost certainly means medium-security (fences, cells, much harsher). The difference between 119 months and 121 months could literally be camp versus medium security.

The Money Question (What This Will Cost You)

Lets talk about what every defendant wants to know: how much is this gonna cost?

Federal bank robbery defense typically costs between $15,000 and $100,000, with most cases falling in the $25,000-$50,000 range. I know that sounds insane when your probably already facing financial crisis. But here’s what your actually paying for:

$15,000-$25,000 (Lower End): Less experienced attorney or state court practitioner taking a federal case. You’ll get basic representation—standard motions, plea negotiation, sentencing advocacy. Not necessarily bad, but limited.

$30,000-$50,000 (Mid Range): Attorney whose practiced in federal court regularly. They’ll dig into guideline calculations, challenge loss amounts, investigate defenses, negotiate aggressively. They’ll probably still recommend a plea (97% of federal cases plead out), but they’ll get you a better deal first.

$60,000-$100,000+ (High End): Specialists in federal criminal defense with bank robbery experience specifically. They’ll investigate every angle, hire experts if needed, litigate every guideline factor, potentially take to trial if your actually innocent.

Most federal attorneys charge a flat fee or hourly rate ($300-$750/hour). Retainers start at $5,000-$15,000. But here’s the hard truth: federal defense is expensive.

What about a public defender? If your income is below poverty level, you qualify for a federal public defender. And honestly? Federal public defenders are often excellent. Their not like overworked state PDs. They specialize in federal cases. The downside: overwhelming caseloads and you don’t get to choose who represents you.

My honest assessment: If your case is straightforward (you did it, your pleading guilty, you want best sentencing), a federal PD may be adequate. If your case involves complex defenses, multiple co-defendants, or your actually innocent—you probably need private counsel.

Your Immediate Choices (Next 72 Hours)

Okay, so your in crisis and you need to make decisions fast. Here’s whats critical in the first 72 hours:

DO NOT TALK TO THE FBI WITHOUT AN ATTORNEY. PERIOD.

I don’t care if they say “we just wanna hear your side.” I don’t care if they promise cooperation helps. DO NOT TALK TO THEM.

FBI agents are trained investigators. Their good at there job. They’ll seem sympathetic. They’ll act like their on your side. They’ll suggest that the evidence is overwhelming so you should “get ahead of it.” All of that is carefully designed to get you to waive your rights.

You cannot talk your way out of federal charges. You can only make it worse.

The specific words matter. Say exactly this: “I am invoking my right to remain silent and my right to an attorney. I will not answer any questions without my attorney present.” Then stop talking. Completely. Don’t try to be polite. Don’t explain. Just invoke and shut up.

If your in custody, watch what you say to EVERYONE. Every phone call from jail is recorded (except calls to your attorney). Every conversation with other inmates can be reported. Guards, cellmates, even people claiming to be your “friend”—assume everything you say will be turned over to prosecutors.

I’ve seen recorded jail calls where defendants told family members to “get rid of evidence” and those calls were played at trial (seriously). Social media posts from family destroy cases all the time.

The rule: only discuss your case with your attorney, in person, in private. Not on phone. Not in letters. Not through family. Nobody else.

If you have co-defendants, prepare for betrayal. Here’s how it works: The first person to cooperate gets the best deal. Second person gets okay deal. By third person, prosecutors don’t need more cooperation. Last person gets stuck with longest sentence and might even get leadership enhancement.

This creates a race to the prosecutor’s office. You cant trust what co-defendants tell you about their plans. Joint defense agreements sound nice but often fall apart when somebody flips. If your facing charges with co-defendants, make your own strategic decisions—because by the time you find out they cooperated, its to late.

If your held pending detention hearing, fight for release. What you need:

• Third-party custodian (parent, spouse, religious leader) willing to supervise you
• Suitable residence (not near crime scene)
• Community ties (employment, family, long-term residence)
• Proposed conditions (GPS monitoring, home detention)
• Letters of support (employers, clergy, family)

Your attorney should prepare the detention hearing like a mini-trial. Bring your custodian to testify. Bring proof of employment. Make the judge see you as a person.

Statistics are brutal: defendants held pretrial plead faster and receive longer sentences. Getting released isn’t just comfort—its your ability to participate in defense and maintain family relationships.

The Path Forward (Trial, Plea, or Cooperation)

You’ve got three basic paths: go to trial, negotiate a plea, or cooperate with government. Each has very different outcomes.

Going to Trial (2-3% of Cases)

Let me be blunt: you probably shouldn’t go to trial. Federal conviction rate at trial is over 90%, higher for bank robbery because evidence is usually overwhelming—surveillance footage, dye-stained money, witness IDs, confessions.

But trial makes sense when:

• Your actually innocent (misidentification cases happen)
• Government’s evidence is fundamentally flawed (illegal search, coerced confession)
• Your facing life anyway (guideline range with plea is 20+ years)
• You have viable defense (duress, lack of intent, alibi)

Risks of trial are severe. If you go to trial and loose, you forfeit acceptance of responsibility—a 3-level reduction in offense level. That equals 18-36 months in prison. So by going to trial, your betting you can win against cost of 2-3 extra years if you loose.

Plus prosecutors sometimes add charges if you reject pleas and go to trial (the “trial penalty”). Trial costs are staggering—$50K-$150K in attorney fees, experts, investigators.

Plea Bargain Without Cooperation (95% of Cases)

This is what most people do. You plead guilty in exchange for government agreeing to certain terms: dropping some charges, not seeking enhancements, recommending specific sentence.

Here’s how plea negotiations actually work:

Early Disposition (Weeks 3-6 Post-Indictment): This is when you have most leverage. AUSAs face internal performance metrics on case resolution speed. If you plead early, before discovery is produced, prosecutors might offer “fast track” with additional guideline reductions (2-4 levels beyond normal acceptance of responsibility). This means going from 51-63 month range down to 37-46 month range—a difference of 14-17 months just for pleading quickly.

But the window is narrow. Once detention hearing happens, once discovery gets produced, offers get worse.

Standard Plea (Weeks 6-12): Discovery has been exchanged. Negotiations focus on specific guideline factors: loss amount, whether weapon possessed or used, criminal history category. AUSA might agree not to seek certain enhancements or recommend low end of range. You’ll get standard 3-level reduction for acceptance of responsibility if you plead guilty—this typically reduces sentence by 25-35%.

Late Plea (Weeks 12+): Prosecutors have invested substantial resources. Trial date approaching. Witnesses prepared. You’ve lost most negotiating leverage. Plea offer will likely be close to what you would of gotten at trial anyway, minus the 3-level acceptance reduction.

Cooperation (5-10% of Cases)

Cooperation means providing substantial assistance to government in prosecuting other people—usually co-defendants. In exchange, you get a motion for downward departure under 5K1.1, which can reduce sentence below guideline range, sometimes dramatically.

I’ve seen cooperators with guideline ranges of 87-108 months get sentenced to 24-36 months because of substantial assistance. But cooperation comes with serious risks:

• You can’t un-cooperate (once you proffer, that information can be used against you)
• Your safety is at risk (cooperating makes you a target in prison)
• Your still guilty (cooperation doesn’t make you innocent)
• Deal isn’t guaranteed (prosecutors have discretion not to file 5K motion)

Cooperation works best when: (1) you have valuable information, (2) your low-level in conspiracy, (3) your willing to testify at trial, and (4) you move quickly before co-defendants beat you to it.

The ugly truth is it creates a prisoner’s dilemma. Everyone knows first person to flip gets best deal. So even people who genuinely care about each other end up racing to prosecutor’s office.

If You Have Mental Health or Addiction Issues

Lets talk about something that probably applies to alot of people reading this: mental illness and addiction.

Most bank robberies aren’t committed by career criminals. Their committed by desperate people who are suffering. People with untreated mental illness. People in active addiction who need money for drugs. People who’s judgment is severely impaired.

If that’s you: your not a monster. You made a terrible decision while in crisis. Your mental health and addiction issues aren’t excuses—their explanations. And in federal sentencing, explanations can matter.

The First Step Act, passed in 2018, gave federal judges more discretion to vary from guidelines based on mental health and substance abuse. This has created real opportunities for reduced sentences if you can properly document these issues.

Here’s what you need to do immediately:

Get a forensic psychiatric evaluation. Not a therapist. A forensic psychiatrist—a medical doctor who specializes in intersection of mental health and criminal law. This costs $3,000-$8,000 but its worth every penny if it reduces sentence by 12-24 months.

The psychiatrist needs to provide:

• Formal diagnosis of mental health conditions
• History of symptoms predating the offense
• Nexus opinion: “But for [mental illness/addiction], defendant would not have committed this offense”
• Treatment plan for post-release

This evaluation takes 60-90 days. If your sentencing is in 4 months, start NOW. Waiting until month before sentencing looks opportunistic.

Gather historical medical records. Get records from prior psychiatric hospitalizations, therapy, medications, ER visits, VA records if your a veteran. If you don’t have prior records because you were untreated—which is common—the forensic psychiatrist can still document current symptoms.

Veterans with PTSD: Some federal judges give this special weight. Veterans Justice Outreach program can provide resources. Some districts have veterans treatment tracks.

Mental health and addiction mitigations typically reduce sentence by 15-30%, not eliminate it entirely. If your guideline range is 60 months with well-documented severe mental illness, you might get 40-50 months. That’s 10-20 months with your family instead of prison. But your still going to prison.

If You’re Guilty (What Most People Need to Hear)

Lets cut through legal jargon and talk to the 95% of people who actually did commit the robbery.

You did this. Maybe you were desperate. Maybe you were in active addiction. Maybe terrible split-second decision. But you did it. The question isn’t “how do I get away with it”—you probably won’t. The question is “how do I minimize damage and protect what matters most?”

Understand that pleading guilty is not giving up. Its strategic decision-making. In federal court, 97% plead guilty because evidence is overwhelming and trial penalty is to severe. Fighting a case you can’t win costs you 2-3 years through loss of acceptance of responsibility.

When your guilty, “fighting the case” means fighting about sentencing, not guilt. Every guideline factor is negotiable. Loss amount. Whether weapon was “possessed” versus “used.” Your role in offense. Criminal history scoring. Each can change sentence by months or years.

Acceptance of responsibility is huge. By pleading guilty and genuinely accepting responsibility, you get 3-level reduction—usually 25-35% off your sentence. For someone facing 60 months, that’s difference between 5 years and 3.5 years. That’s 18 months with your family.

But acceptance doesn’t just mean pleading guilty. It means:

• Admitting what you did without minimizing or blaming others
• Showing genuine remorse (judges can tell when its fake)
• Taking steps to address underlying issues (treatment, counseling)
• Making amends where possible (restitution, apology letters)
• Demonstrating you understand harm you caused

Judges have heard every excuse. What they respond to is someone who says: “I did this. It was wrong. I understand why. I’m taking steps to make sure I never do anything like this again. I’m asking for mercy, but I understand I deserve punishment.”

The loss amount game: This is super important. Federal guidelines use intended loss, not actual loss. If you walked out with $3,000 but prosecutor argues you “intended” $50,000, that’s 4-level enhancement—24-36 months additional prison time.

How do they determine intended loss? What you said, what you brought (large bag), whether you demanded “all the money” or specific amounts. This is 100% litigable. Default position: intended loss equals actual loss unless government proves otherwise.

Realistic hope: Your life isn’t over. Yes, your going to federal prison. Yes, you’ll miss years with family. Yes, felony conviction affects employment, housing, voting. But people rebuild lives after federal prison every single day. Federal prison has educational programs, vocational training, substance abuse treatment. You can work on yourself in ways you probably haven’t in years.

What Happens If You’re Convicted (Prison Reality)

Lets talk about what nobody wants to discuss: what is federal prison actually like?

Bureau of Prisons operates facilities with different security levels: minimum (“camps”), low, medium, high. For bank robbery, your security level is determined by sentence length and whether offense involved violence/weapons:

Minimum Security Camps: Sentence under 10 years, no weapon, limited criminal history. No fences. Dormitory-style housing. Still prison, but best version.

Low Security: Sentences 10-20 years. Fences but not high-security perimeter. Dormitory or cubicle housing.

Medium Security: Weapons involvement or sentences over 20 years. Fenced perimeters, cells (not dorms), stricter rules, harder inmate population.

The break point between low and medium is often 10 years. The difference between 119-month sentence and 121-month sentence can be camp versus medium security. This is why your attorney should argue for sentences under these break points.

Time served: In federal prison, you serve 85% of sentence. No parole. There’s “good time credit” (15% reduction for behavior), but that’s it. A 60-month sentence means 51 months in custody.

Daily life: Federal prison is boring, frustrating, dehumanizing, occasionally dangerous. But its not constant war zone like TV (unless high security). You’ll have job assignment, scheduled times for meals/recreation/showers, limited phone calls (300 minutes/month), email through TRULINCS, visits based on facility rules. You’ll be separated from everyone you love. You’ll miss birthdays, holidays, graduations, funerals.

The psychological toll is significant. Depression. Anxiety about family. Guilt about what your missing. But its survivable. People adapt. You develop routines, stay connected to family, work on yourself—education, treatment, fitness, reading.

How to Choose Your Attorney

If your hiring private attorney for federal bank robbery case, you need to know how to evaluate them.

Red flags:

• ❌ They talk about “bail” instead of “detention hearing” (doesn’t know federal terminology)
• ❌ They promise specific outcomes (“I can get you probation”)
• ❌ They don’t discuss sentencing guidelines in first consultation
• ❌ They focus on trial before understanding evidence
• ❌ They can’t name AUSA or judge assigned to case

What experienced federal counsel does:

• ✅ Calculates guideline range before discussing strategy
• ✅ Knows which AUSAs negotiate and which don’t
• ✅ Has appeared before your specific judge
• ✅ Understands departures and variances (safety valve, acceptance, substantial assistance, fast track)
• ✅ Can explain BOP designation and security level break points

Questions to ask:

1. “How many federal bank robbery cases have you handled in [your district]?”
2. “What was guideline range in your last bank robbery case and what was final sentence?”
3. “Do you know [AUSA name] and [Judge name]?”
4. “What would my approximate guideline range be?”
5. “What percentage of your cases go to trial versus plead out?”

For Family Members

If your reading this because someone you love was arrested, I know your scared. Here’s what you need to know.

DO NOT TALK TO THE FBI. If agents show up asking about your son/daughter/spouse, you are under NO obligation to speak. They might say “this will help them if you cooperate.” Don’t believe it. Anything you say can be used against your loved one.

Say: “I’m not going to answer questions without speaking to attorney first.” Then close door. Your not required to let them in without warrant. Your protecting your family member.

Financial support: Legal defense is expensive. But don’t destroy your own financial security. Don’t mortgage house. Don’t drain retirement. Don’t go into massive debt. Your loved one needs you financially stable when they get out.

What to tell children: Kids need age-appropriate honesty. Don’t lie and say “daddy’s on trip.” Explain simply: “Dad made serious mistake. He broke law and has to go to place called prison as punishment. He loves you and this isn’t your fault.”

After Sentencing (What Comes Next)

Sentencing isn’t the end. Several post-sentencing options exist:

Direct Appeals: You have 14 days from judgment to file notice of appeal. Most plea agreements include appeal waivers. What’s appealable: guideline calculation errors, procedural/substantive reasonableness issues. Appeal success rates around 10-15%.

Rule 35 Motions: Within one year of sentencing, government can file Rule 35 motion if you provide substantial assistance after sentencing. Judge can reduce sentence below guideline range.

First Step Act Reductions: Some previous sentencing enhancements were made retroactive. Have attorney review if you qualify.

Compassionate Release: Under 18 U.S.C. § 3582(c)(1)(A), defendants can petition for early release based on “extraordinary and compelling reasons” (terminal illness, serious medical condition, elderly age with health decline, family circumstances).

RDAP Completion: Complete Residential Drug Abuse Program and earn up to 12 months off sentence. Need documented substance abuse problem.

Final Thoughts

If your reading this, your probably in the worst situation of your life. Federal bank robbery charges are terrifying. Sentences are harsh. System is unforgiving. Your facing years away from everyone you love.

But your still here. Your still fighting.

The decisions you make in next few weeks will effect next decade of your life. Get attorney immediately—not “I’ll call someone next week.” Stop talking to anyone except lawyer. Understand what your actually facing, not worst-case scenario or best-case fantasy.

If your guilty, accept responsibility and focus on minimizing damage. If you have mental health/addiction issues, document them NOW. If you have co-defendants, protect yourself first. If your family wants to help, make sure they don’t make things worse by talking to FBI.

This won’t be easy. There’s no magic solution. Your going to face consequences. But with right attorney, right strategy, right decisions, you can minimize those consequences and eventually rebuild your life.

Next few years are gonna be hard. But their not forever. People come back from federal prison and build meaningful lives every single day. You can too.

If you need federal criminal defense attorney who specializes in bank robbery cases, contact us immediately for confidential consultation. We have extensive experience in federal court, we know judges and prosecutors in your district, and we’ll fight for best possible outcome.

Don’t wait. Every day you delay is a day your losing leverage. Call now.