Bank Robbery Defense in Baton Rouge: What Are the Defenses?
Bank Robbery Defense in Baton Rouge: What Are the Defenses?
Bank Robbery Defense in Baton Rouge
Being accused of bank robbery is intimidating. You may feel overwhelmed, uncertain about what comes next, and worried about the future. Learning the defenses available under the law can restore a sense of control during this difficult period. Knowing your options can influence how your case proceeds.
David E. Stanley, APLC, is a Baton Rouge attorney focused on bank robbery defense and other criminal matters. He understands the emotional and legal strain these cases create and works diligently to safeguard clients’ rights at every stage. If you or someone close to you is facing bank robbery charges, consulting with an attorney such as David E. Stanley can provide clear guidance and steady support.
What Is Bank Robbery?
Under federal law (18 U.S.C. § 2113), bank robbery involves taking or attempting to take money or property from a bank, credit union, or savings and loan by force, violence, or intimidation. Many cases are federal when the targeted institution is a federally protected financial institution under 18 U.S.C. § 2113—such as an FDIC-insured bank, a covered credit union, or a savings and loan. Depending on the facts, related conduct may also be charged under Louisiana robbery statutes (for example, armed robbery or first-degree robbery), which are separate from the federal bank-robbery law.
What Prosecutors Must Prove
Intent to Take Money or Property
Prosecutors must prove that the accused intended to take money or property from the bank. It means showing that the taking was intentional and not accidental or misunderstood. If intent cannot be clearly established, the charge may fail. Statements, behavior, and surrounding circumstances are often examined to determine whether intent truly existed at the time of the incident.
Use of Force, Intimidation, or Threats
The prosecution must show that force, intimidation, or threats were used to obtain money. It does not always require a weapon, but it does require proof that a reasonable person would feel fear or pressure. Because federal courts apply an objective standard—whether a reasonable person in the teller’s position would fear bodily harm—an intimidation claim can be contested if the actions or words did not reasonably cause fear.
The Institution’s Federal Coverage (FDIC/Covered Entities)
In a federal bank robbery case, prosecutors must prove the institution is a federally protected financial institution under 18 U.S.C. § 2113 (for example, an FDIC-insured bank, a covered credit union, or a savings and loan), because that status is an element of the offense and establishes federal jurisdiction. If prosecutors fail to establish this status, federal jurisdiction may not be proper.
Reliable Identification and Connection to the Crime
Prosecutors must reliably identify the accused and connect them to the robbery through admissible evidence. It may include surveillance footage, witness statements, or physical evidence. If this connection is weak or based on assumptions, it can be challenged. Questioning this link is often a critical part of the defense strategy.
Possible Defenses in Baton Rouge Bank Robbery Cases
Mistaken Identity
Mistaken identity occurs when a witness or investigator incorrectly identifies the accused as the person involved in the robbery. Stressful situations can affect memory, and surveillance footage is often blurry or taken from poor angles. Clothing, height, or facial features may be misinterpreted. Challenging identifications can raise reasonable doubt about whether the accused was truly involved.
Lack of Intent
Lack of intent focuses on whether the accused meant to commit a robbery or threaten anyone. Actions may have been misunderstood, or the situation may not reflect criminal intent. The government must show an intent to take property by force, violence, or intimidation; ambiguous words or conduct can undermine that showing. In Baton Rouge bank robbery cases, demonstrating confusion, miscommunication, or alternative explanations can weaken claims that the accused acted deliberately.
Coercion or Duress
Coercion or duress applies when someone is forced to participate due to threats of harm. This defense argues that the accused did not act freely or willingly. Evidence may include threats, fear, or pressure from another party. In Baton Rouge bank robbery cases, duress typically requires proof of an immediate threat of serious harm and no reasonable opportunity to avoid the act; showing a lack of voluntary action may reduce criminal responsibility depending on the facts and applicable law.
Insufficient Evidence
Insufficient evidence means the prosecution cannot fully prove the case. There may be gaps in timelines, missing proof, or unreliable testimony. If evidence relies on assumptions rather than facts, it can be challenged. In Baton Rouge bank robbery cases, pointing out these weaknesses helps create doubt about whether the crime can be proven beyond a reasonable doubt.
Illegal Search or Seizure
An illegal search or seizure occurs when law enforcement violates constitutional rights while gathering evidence. It may involve searches without a valid warrant or proper consent. If proven, the court may suppress that evidence, which can significantly weaken the prosecution’s case.
Sentencing and Penalties for Bank Robbery
Penalties for federal bank robbery vary based on the facts of the case and the specific subsection of the federal statute that applies. Someone who used a weapon could face harsher punishment than someone accused of attempted robbery without harm. In many Baton Rouge cases involving alleged violations of the federal bank robbery statute, possible penalties under federal law may include:
- § 2113(a): Up to 20 years in federal prison.
- § 2113(d): Up to 25 years if a dangerous weapon is used or a life is put in jeopardy.
- § 2113(e): Up to life imprisonment—or, in limited cases, the death penalty—if a killing occurs in connection with the offense.
Frequently Asked Questions
What Is Considered Bank Robbery Under the Law?
Under federal law (18 U.S.C. § 2113), bank robbery generally means taking or attempting to take money or property from a covered financial institution by force, violence, or intimidation. It may include verbal demands, gestures, or actions that cause fear. Many bank-robbery-related cases may be prosecuted in federal court when the financial institution is federally insured, which can involve different procedures and potential penalties than those in the Louisiana state courts.
Can I Be Charged if I Did Not Enter the Bank?
You can face charges even if you did not enter the bank if prosecutors allege you planned, assisted, or supported the robbery—for example, by acting as a lookout, driving, or providing information. Involvement does not require physical entry, and prosecutors may rely on direct or circumstantial evidence to try to prove participation.
How Long Does a Bank Robbery Case Take?
How long a bank robbery case takes depends on several factors, including the amount of evidence, the number of witnesses, and court availability. Federal cases often take longer due to detailed investigations and procedural requirements. Many cases last several months or more, especially if pretrial motions are litigated or the matter proceeds to trial.
Bank Robbery Defense Baton Rouge Lawyer
David E. Stanley, APLC, is a Bank Robbery Defense Baton Rouge attorney who provides clear guidance for individuals facing serious criminal accusations. Bank robbery cases involve complex legal issues, and having focused representation is critical to protecting your rights. The firm carefully reviews the evidence, explains each step of the process in plain language, and works to develop a defense strategy tailored to your situation, understanding that outcomes depend on the facts, the law, and court decisions. With steady support and clear direction, clients are better prepared to face their cases with confidence and understanding.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
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