Charged with Bank Robbery if You Didn’t Enter the Bank?
Bank robbery is often portrayed as a crime committed by masked individuals storming into a bank, demanding cash at gunpoint.
But in reality, you can be charged with bank robbery without ever stepping foot inside the bank.
Under both federal and Arizona law, simply participating in the planning, driving the getaway car, or acting as a lookout can lead to the same criminal charges as the person who enters the bank.
This article explains how criminal liability works for bank robbery in Arizona and under federal statutes. If you're under investigation or have already been charged, understanding these laws—and how a defense attorney like Josh Kolsrud at Kolsrud Law Offices can help—is critical.
This article discusses the following:
- Understanding Federal Bank Robbery Law: 18 U.S.C. § 2113
- Arizona Laws That Apply to Non-Entrants in Bank Robbery Cases
- What Roles Can Lead to Bank Robbery Charges?
- Can You Be Charged for Just Being Present?
- What Are the Penalties for Bank Robbery in Arizona and Federal Court?
- Defense Strategies for Non-Entrants in a Robbery Case
- FAQs About Accomplice Liability in Robbery Cases
- Key Takeaways to Remember
- How Kolsrud Law Offices Can Defend You
Whether you’re facing a state conspiracy charge or a federal indictment, knowing your rights and responsibilities could be the difference between a conviction and a dismissal. We'll explore applicable laws, penalties, and possible defenses.
Understanding Federal Bank Robbery Law: 18 U.S.C. § 2113
Under 18 U.S.C. § 2113, federal law criminalizes the act of taking or attempting to take money or property from a bank, credit union, or savings institution through force, intimidation, or threat. Federal jurisdiction applies when the institution is federally insured, which covers nearly all U.S. banks.
Importantly, you do not have to enter the bank to be charged. Section 2113 extends to anyone who:
- Aids or abets the robbery
- Conspires to commit the robbery
- Receives or possesses stolen money knowing it came from a bank robbery
Federal prosecutors frequently charge all individuals involved under 18 U.S.C. § 2 (Principals) and 18 U.S.C. § 371 (Conspiracy to Commit Offense or Defraud the United States). If convicted, even a getaway driver can face the same punishment as the person inside the bank.
Arizona Laws That Apply to Non-Entrants in Bank Robbery Cases
While bank robberies are usually prosecuted federally, Arizona law also criminalizes similar conduct through statutes that cover accomplice liability, conspiracy, and facilitation:
- A.R.S. § 13-301 (Accomplice Liability) This statute defines an accomplice as someone who aids, counsels, or plans a crime with the intent to promote or facilitate its commission. This includes:
- Driving the getaway car
- Acting as a lookout
- Providing weapons or tools
- A.R.S. § 13-1003 (Conspiracy) Conspiracy occurs when two or more people agree to commit a crime and one takes a step toward completing it. You don’t need to be present during the robbery to face conspiracy charges.
- A.R.S. § 13-1004 (Facilitation) This law penalizes individuals who knowingly help another person commit a felony. Even minor assistance, like renting a car or giving directions, can result in criminal charges.
- A.R.S. § 13-1904 (Armed Robbery) If a weapon was used during the robbery, anyone involved could face armed robbery charges, a class 2 felony with enhanced penalties.
What Roles Can Lead to Bank Robbery Charges?
You can be charged even if you didn’t go inside the bank. Here are some examples of roles that law enforcement and prosecutors treat as equally culpable:
- The Getaway Driver Someone who waits in a car to help the robbers escape can be charged under both state and federal accomplice laws.
- The Lookout Keeping watch outside the bank to warn of approaching police may seem less involved, but it carries the same legal weight.
- The Planner Organizing the robbery, identifying targets, and assigning roles can result in conspiracy charges, even if you’re not present during the crime.
- The Supplier Providing weapons, masks, or tools used in the robbery could also make you an accomplice or facilitator.
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Can You Be Charged for Just Being Present?
Simply being at the scene of a bank robbery is not enough to be convicted—but it can still lead to charges if there's evidence of involvement. Prosecutors may attempt to build a case using circumstantial evidence, such as:
- Cell phone records showing coordination
- Surveillance footage placing you at strategic points
- Association with co-defendants before or after the robbery
Arizona courts follow the rule that mere presence, knowledge, or even approval is not enough to prove guilt. However, if your conduct suggests you aided, abetted, or intended to facilitate the crime, you can be prosecuted.
This gray area is why legal representation is essential, especially during the investigation stage.
What Are the Penalties for Bank Robbery in Arizona and Federal Court?
Penalties depend on whether you’re charged under state or federal law, and whether weapons, threats, or prior convictions are involved.
Under federal law:
- 18 U.S.C. § 2113(a) carries up to 20 years in prison for robbery or attempted robbery
- If a dangerous weapon is used: up to 25 years (§ 2113(d))
- If death occurs, a life sentence or the death penalty may apply (§ 2113(e))
Under Arizona law:
- A.R.S. § 13-1904 (Armed Robbery) is a class 2 felony. Because armed robbery with a deadly weapon is classified as a dangerous offense, sentencing falls under A.R.S. § 13-704. For a first-time dangerous offense, the sentencing range is 7 to 21 years, with a presumptive sentence of 7 years.
- Prior felonies or the presence of aggravating circumstances can result in even longer mandatory prison terms.
Penalties Table
| Charge | Statute | Penalty Range | Notes |
| Federal Bank Robbery | 18 U.S.C. § 2113(a) | Up to 20 years in prison | Includes attempted robbery |
| With Dangerous Weapon | 18 U.S.C. § 2113(d) | Up to 25 years in prison | Enhanced penalty for use of a weapon |
| Death During Robbery | 18 U.S.C. § 2113(e) | Life in prison or death penalty | Homicide-related enhancement |
| Armed Robbery (AZ) | A.R.S. §§ 13-1904 & 13-704 | 7 to 21 years in prison | Dangerous offense; class 2 felony; presumptive 7 years |
| Conspiracy (AZ) | A.R.S. § 13-1003 | Same class as intended offense | Treated as same felony level as robbery |
| Facilitation (AZ) | A.R.S. § 13-1004 | One class lower than the offense facilitated | Class 3 felony if facilitating class 2 felony |
Defense Strategies for Non-Entrants in a Robbery Case
If you're accused of bank robbery but never entered the bank, there are still several strong defenses a criminal defense attorney can explore.
Josh Kolsrud and the team at Kolsrud Law Offices have successfully defended clients using the following strategies:
- Lack of Intent You must have knowingly participated in the crime. If your presence or actions were unintentional or misinterpreted, prosecutors may not be able to prove the required criminal intent.
- No Overt Act in a Conspiracy In Arizona, a conspiracy requires not just an agreement but also an overt act. If prosecutors cannot show that you or a co-conspirator took a substantial step toward the crime, the conspiracy charge could be dismissed.
- Mere Presence Defense Just being near the crime scene or associating with others involved is not enough. If you had no role in planning or aiding the robbery, your attorney can argue for dismissal based on lack of involvement.
- Alibi or Misidentification Video footage, witness testimony, or GPS data can be used to prove you were somewhere else when the crime happened.
- Duress or Coercion If you were forced to assist in the robbery under threat of harm, your attorney can present this as a complete defense under Arizona law.
FAQs About Accomplice Liability in Robbery Cases
Can I be charged if I only drove someone to the bank and didn’t know what they were planning?
Not unless prosecutors can prove you knew the crime was about to occur and intended to help. If you were unaware, this may not meet the legal threshold for accomplice liability.
What if I backed out of the plan at the last minute?
Withdrawal from a conspiracy is a potential defense, but it must be clearly established. You must show that you took action to stop the crime or informed authorities.
Is it better to cooperate with law enforcement if I'm being investigated?
Always consult with a defense attorney before speaking to police. Anything you say can be used against you. An attorney like Josh Kolsrud can help you weigh your options.
Can juveniles be charged as accomplices in bank robbery cases?
Yes. Depending on the circumstances, juveniles may be charged in adult court for serious felonies like armed robbery.
Does Arizona allow plea bargains in conspiracy or accomplice cases?
Yes, and having experienced counsel can help negotiate lesser charges or diversion opportunities, especially for first-time offenders.
Key Takeaways to Remember
- You can be charged with bank robbery even if you never entered the bank.
- Roles such as getaway driver, lookout, or planner carry equal legal risk.
- Both federal and Arizona law impose significant prison sentences.
- Accomplice and conspiracy laws lower the threshold for charging non-entrants.
- Effective defenses include lack of intent, withdrawal, and alibi.
- Legal representation is critical, especially during pre-charge investigations.
How Kolsrud Law Offices Can Defend You
At Kolsrud Law Offices, we understand how intimidating it is to face federal or state charges—especially when you didn’t physically commit the robbery. Josh Kolsrud brings years of prosecutorial experience to your defense, giving you a distinct advantage when dealing with law enforcement and federal agents.
Josh has handled over 3,500 felony cases and more than 100 jury trials during his career, including high-stakes conspiracy and violent crime prosecutions. As a former Assistant U.S. Attorney and Major Crimes prosecutor in Maricopa County, he knows how these cases are built—and how to dismantle them.
When you hire our firm, you get direct access to an experienced trial attorney who will:
- Investigate the details of your involvement
- Challenge any overreach in accomplice or conspiracy allegations
- Negotiate aggressively with prosecutors
- Prepare to fight your case at trial, if necessary
We offer free consultations and will review your case confidentially. Contact Kolsrud Law Offices today at (480) 680-9769 or visit https://kolsrudlawoffices.com to schedule a time to speak one-on-one with an experienced criminal defense attorney.
If you’re being investigated or charged for a robbery you didn’t commit firsthand, you need serious legal representation—right now.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 jury trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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