Can I Be Charged With Bank Robbery if I Rob Somebody at a Bank ATM? (PC 212.5)

On the surface, bank robbery seems like a straightforward crime. If you attempt to rob a bank, you could be charged with this crime under 18 U.S.C. Section 2113. If you rob an individual, you could be charged with first degree robbery. But what happens if you rob someone at a bank ATM? Is that still considered first degree robbery or could you be charged with bank robbery? Could you be charged with both crimes?

Bank Robbery (18 U.S.C. Section 2113)

Under 18 U.S.C. Section 2113, bank robbery is a federal crime. It is defined as using force, violence or intimidation to take or attempt to take something of value from a financial institution insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA).

In order to convict you of bank robbery the federal prosecutor must prove the following:

• You took or tried to take money or other valuable property from a bank, credit union, savings and loan, or ATM; and
• The financial institution you stole or attempted to steal from was a member of the Federal Reserve or insured by the FDIC or NCUA.

You cannot be convicted of bank robbery if you attempted to take money from someone who has already used an ATM. However, you could be facing bank robbery charges if you attempt to force someone to withdraw money from an ATM.

Punishment for Bank Robbery

The laws regarding bank robbery are very complex. If you are convicted of bank robbery under 18 U.S.C. Section 2113, how you will be sentenced will depend on the facts of you case.

If you are convicted of taking and removing any money or property valued at less than $1,000 from a bank, you face one year in prison. If the value of the property is more than $1,000, you could face up to 10 years in prison.

If you enter or attempt to enter a building that is used as a bank with the intent to steal property, you could be sentenced to up to 20 years in prison.

If you used force, extortion or intimidation to take or attempt to take property that is in the custody, control, or management of a federally insured financial institution, you could face up to 20 years in prison.

If you are convicted of using a dangerous weapon or device while you are robbing a bank, you could face up to 25 years in prison.

First Degree Robbery (California Penal Code Section 212.5(b))

Under California Penal Code Section 212.5 (b), it is considered first degree robbery if you attempt to rob someone after they have already withdrawn money from an ATM. The law states that if you rob a person while they are using an ATM or after they have used an ATM and are still in the vicinity of the machine, you have committed first degree robbery.

Under PC 212.5, a first degree robbery conviction is punishable by three, four, or six years in state prison.

Call the Robbery Attorneys at Wallin & Klarich

The laws regarding robbery near an ATM can be complicated and it can be difficult to determine if you will face federal or state charges. That is why you need to speak with an experienced criminal defense attorney immediately if you are facing charges of robbery. At Wallin & Klarich, our attorneys have been successfully defending our clients facing federal and state charges for over 40 years. Let us help you now.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.