Facing charges related to bank robbery is a severe matter due to the fact it becomes a federal crime, and having a skilled and experienced defense attorney by your side can make all the difference in the outcome of your case.
With attorney Josh Kolsrud fighting for you, rest assured that you will receive the professional guidance and support needed to navigate the complexities of your charges.
ⓘ In this article, we'll discuss the following topics:
- Understanding Arizona Revised Statutes on Bank Robbery
- The Federal Bank Robbery Act - A Closer Look
- Penalties for Bank Robbery under Arizona Law and Federal Law
- Defending Against Bank Robbery Charges
- Case Studies: Notable Bank Robbery Cases in Arizona
- Navigating the Criminal Justice System after a Bank Robbery Charge
- The Role of a Federal Criminal Defense Attorney in a Bank Robbery Case
- Consult with Kolsrud Law Offices
Josh Kolsrud possesses incredible knowledge and expertise in defending against bank robbery charges. With over 14 years of experience as a state, international, and federal prosecutor, he has successfully tried numerous cases to verdict. His track record speaks to his commitment to tirelessly defending the rights and interests of his clients throughout the legal process.
At Kolsrud Law Offices, we understand the intricacies of federal laws surrounding financial institutions. We are dedicated to providing the expert guidance necessary to build a strong defense. From helping you fully comprehend the charges against you to negotiating with the prosecution, Josh Kolsrud and his team will be with you every step, ensuring your rights are protected.
Schedule a free consultation today to discuss your case and discover how we can offer the assistance and support you need.
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Bank Robbery 18 U.S. Code § 2113: An In-depth Look into Arizona and Federal Laws and Legal Defenses
Bank robbery usually gives the image of masked individuals, bags of money, and high-speed chases. While this might be the stuff of movies, the real-world implications of bank robbery charges are far from entertaining. When facing such charges, it's vital to understand the legal landscape, including the relevant Arizona statutes and federal laws, and how a skilled federal criminal defense attorney can help.
❗According to the FBI's Crime Data Explorer, in 2022, there were 2,331 incidents of bank robberies reported across the United States. The state of Arizona, in particular, reported 123 bank robberies, which emphasizes the need for a comprehensive understanding of this issue and legal defense strategies.
Understanding Arizona Revised Statutes on Bank Robbery
Arizona law doesn't have a specific statute for bank robbery. Instead, such an act falls under the broader categories of theft (ARS 13-1802), robbery (ARS 13-1902), or aggravated robbery (ARS 13-1903), depending on the circumstances surrounding the incident.
▶ The Legal Definition of Bank Robbery in Arizona
Under Arizona law, robbery is defined as taking any property of another from his person or immediate presence and against his will. This act is accomplished by threatening or using force intending to coerce the surrender of property or to prevent resistance to such person or another taking or retaining property.
When a robbery involves the use or threatened use of a deadly weapon, dangerous instrument, or accomplice, it escalates to aggravated robbery.
▶ The Scope and Jurisdiction of Federal Laws
While Arizona law defines and penalizes robbery, bank robbery falls explicitly under federal jurisdiction. Why is this so? Banks are federally insured institutions.
Therefore, stealing from them is considered a federal offense, prosecuted under federal laws, and often necessitating the expertise of a federal criminal defense attorney, such as those at the Kolsrud Law Office.
The Federal Bank Robbery Act - A Closer Look
When it comes to bank robbery, the federal law takes the lead. The Federal Bank Robbery Act, codified in 18 U.S.C. § 2113, is the principal statute addressing this crime.
The Federal Bank Robbery Act defines bank robbery as the act of taking or attempting to take, by force, violence, or intimidation, anything of value belonging to or in the care, custody, control, management, or possession of any bank, credit union, or savings and loan association. It's not just about stealing cash; even documents, bonds, or anything else of value falls under this law.
▶ Elements the Prosecution Must Prove
For a successful conviction under this Act, the prosecution must prove beyond a reasonable doubt that the accused person took or attempted to take something of value from a federally insured institution; and did so through force, violence, or intimidation. Here, the concept of 'intent' becomes crucial.
▶ The Role of Intent in Bank Robbery Cases
Under federal law, the prosecution must establish that the accused acted with specific intent to steal from the bank. An unplanned act, or one committed under duress, may provide a defense against these charges. However, these are complex legal arguments best navigated under the guidance of an experienced federal criminal defense attorney.
Penalties for Bank Robbery under Arizona Law and Federal Law
Bank robbery, under both Arizona and federal law, carries substantial penalties. These penalties can be even more severe if the crime involved the use or threat of a weapon or if anyone was harmed during the incident.
Under Arizona law, a robbery conviction can result in significant prison time, fines, and more.
However, the penalties become even more severe when it escalates to a federal crime like bank robbery. Under the Federal Bank Robbery Act, a conviction with no prior criminal history can lead to up to 20 years in federal prison and substantial fines.
▶ Factors That Can Enhance Penalties
Several factors can enhance the penalties for a bank robbery conviction. For example, if a deadly weapon was used or the act jeopardized any person's life, the prison term could increase to 25 years.
Furthermore, if a death occurred during the robbery or in avoiding apprehension, the penalties could include life imprisonment or the death penalty.
Defending Against Bank Robbery Charges
Bank robbery charges carry severe consequences, but there are defenses available. Building a solid defense requires a deep understanding of the law and the ability to challenge the prosecution's evidence and narratives effectively. Here's where the role of a seasoned federal criminal defense attorney comes into play.
Common Defense Strategies in Bank Robbery Cases
Several defense strategies can be employed in bank robbery cases.
These include the following:
- Lack of intent
- Mistaken identity
- Duress
- The use of an alibi
The choice of defense would depend on the specific circumstances of the case.
For instance, a duress defense could be utilized if someone was forced to rob a bank at gunpoint.
The Role of Evidence in Bank Robbery Trials
In a bank robbery trial, the prosecution's case relies heavily on evidence, including video surveillance, eyewitness testimonies, and forensic evidence.
Your experienced defense attorney will meticulously scrutinize this evidence for inconsistencies or procedural errors, which could weaken the prosecution's case.
Case Studies: Notable Bank Robbery Cases in Arizona
Past cases can provide insight into how bank robbery charges are handled in Arizona and at the federal level. Let's delve into some notable cases.
▶ Learn from Past Case Precedents
One of Arizona's most infamous bank robberies involved the so-called "Desert Bandit," who was responsible for a string of bank robberies in the late 90s. After evading authorities for years, the individual was captured and convicted due to diligent investigative work and strong prosecution evidence.
This case underscores the importance of a robust defense strategy when facing serious charges like bank robbery.
▶ How Different Strategies Have Played Out in Court
In another high-profile Arizona case, a man accused of robbing a bank successfully used an insanity defense. The man had a history of mental illness, and his defense team convinced the jury that he was not in the right state of mind during the incident, therefore potentially altering the case and verdict.
This case highlights how a well-planned and executed defense strategy can significantly affect a trial's outcome.
Navigating the Criminal Justice System after a Bank Robbery Charge
Being charged with bank robbery can be a frightening experience. Knowing what to expect and how to protect your rights can make a significant difference.
▶ What to Initially Expect After an Arrest
After an arrest for bank robbery, the accused will be booked and processed, which involves taking fingerprints and photographs and collecting personal information. The accused will then appear before a judge for arraignment, where they'll be informed about the charges against them and asked to enter a plea.
▶ The Importance of Your Rights During an Investigation
During this period, it's crucial to remember your rights. You have the right to remain silent, and any statement you make can be used against you in court. You also have the right to an attorney. If you can't afford one, a public defender will be appointed to you.
However, given the complexity and stakes involved in federal bank robbery cases, hiring a federal criminal defense attorney from a firm like Kolsrud Law Offices is often wise.
The Role of a Federal Criminal Defense Attorney in a Bank Robbery Case
In a bank robbery case, the role of a federal criminal defense attorney is paramount. They guide you through the complexities of the legal process, ensuring your rights are protected at every step.
▶ How Your Defense Attorney Can Help Challenge Evidence
One of the primary roles of a defense attorney is to examine and challenge the prosecution's evidence. This could involve questioning the credibility of eyewitnesses, examining the legality of search and seizure procedures, or challenging the handling and analysis of physical evidence.
Any procedural error or doubt they can cast on the evidence may potentially weaken the prosecution's case.
▶ Negotiating Plea Deals: A Common Strategy in Bank Robbery Cases
Sometimes, the best strategy might involve negotiating a plea deal with the prosecution, which could result in reduced charges or lighter sentences. A skilled attorney from a firm like Kolsrud Law Offices will have the experience and knowledge to negotiate effectively on your behalf.
Consult with a Federal Criminal Defense Attorney
Bank robbery charges are serious and can lead to severe penalties. Understanding the associated laws and having a skilled federal criminal defense attorney at your side can make a significant difference in your case.
At Kolsrud Law Offices, we have the expertise and commitment to provide the rigorous defense you need. If you or a loved one is facing such charges, don't hesitate to reach out for a consultation.
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An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 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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