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Bank Robbery AGGRESSIVE & INNOVATIVE DEFENSE STRATEGIES

Bank Robbery Lawyer in Manassas

Federal Defense for Bank Robbery Allegations in Northern Virginia

A federal bank robbery allegation can expose a person to decades in prison, and the case may begin before any indictment is returned. At Dischley Law, PLLC, we defend people under investigation or charged with serious federal offenses in Manassas and throughout Northern Virginia. Our attorneys handle matters in Virginia state courts and federal court, with strategy built around the statute, the evidence, and the client’s individual circumstances.

Bank robbery cases can involve surveillance footage, identification evidence, searches, statements to investigators, firearms allegations, and questions about whether the institution falls within the federal statute.

If you or someone you know is under investigation or has been charged with bank robbery, don’t wait to get counsel involved. Call us at (703) 215-9337 to schedule a free consultation.

What Does 18 U.S.C. § 2113 Cover?

Federal bank robbery and related offenses are governed by 18 U.S.C. § 2113. The statute applies to qualifying banks, credit unions, and savings and loan associations.

For purposes of the statute, a bank includes, among other institutions, a member bank of the Federal Reserve System, a bank organized or operating under federal law, and an institution whose deposits are insured by the Federal Deposit Insurance Corporation. The statute separately defines covered credit unions and savings associations.

That institutional element matters. A robbery occurring inside a business called a “bank” does not eliminate the government’s obligation to prove the elements required by the federal statute.

Section 2113 also covers several different forms of conduct:

  • Section 2113(a): Taking or attempting to take money or property from a covered institution by force and violence, intimidation, or extortion. It also covers entering or attempting to enter a covered institution with intent to commit certain federal felonies affecting the institution or a larceny.
  • Section 2113(b): Taking and carrying away property from a covered institution with intent to steal or purloin. The statutory maximum depends in part on whether the value exceeds $1,000.
  • Section 2113(d): Assaulting a person or placing a person’s life in jeopardy through use of a dangerous weapon or device while committing or attempting an offense under subsection (a) or (b).
  • Section 2113(e): Killing a person or forcing a person to accompany the defendant without consent in connection with an offense under the statute or efforts to avoid apprehension.

Conduct surrounding a bank incident can also implicate Virginia offenses. Our overview of federal crimes versus state crimes explains why the same factual investigation can raise different jurisdictional and charging questions.

What Are the Federal Penalties for Bank Robbery?

The statute creates different maximum penalties depending on the subsection alleged:

  • A violation of § 2113(a) can carry up to 20 years in federal prison.
  • Under § 2113(b), property valued above $1,000 can carry up to 10 years; property valued at $1,000 or less can carry up to one year.
  • A violation of § 2113(d) can carry up to 25 years.
  • Under § 2113(e), forcing someone to accompany the accused without consent carries a minimum term of 10 years. If death results, the statute authorizes life imprisonment or death, subject to other federal capital-case requirements.

These are statutory limits, not predictions of the sentence in a particular case. Federal sentencing also considers the United States Sentencing Guidelines, criminal history, offense characteristics, and the factors in 18 U.S.C. § 3553(a). A person with no prior record does not automatically face the same sentencing outcome as someone with significant criminal history.

Bank Robbery and Bank Larceny Are Not Interchangeable

One of the most important distinctions under § 2113 is between subsection (a) and subsection (b).

A defense may challenge whether the government can prove force, violence, intimidation, or another required element of § 2113(a). But failure to prove robbery does not automatically convert the case into bank larceny under § 2113(b).

The United States Supreme Court held in Carter v. United States that § 2113(b) contains elements that § 2113(a) does not and therefore is not a lesser-included offense of § 2113(a).

That means the charging language and the specific evidence matter. A defense strategy should examine what offense was actually charged, what elements the government must prove, and whether the evidence supports those elements rather than assuming one subsection simply collapses into another.

Section 2113(d) also can apply to offenses under subsection (a) or subsection (b), so it is inaccurate to assume that a bank-larceny theory automatically eliminates all dangerous-weapon exposure.

Where Are Manassas Federal Bank Robbery Cases Heard?

Manassas is within the territory served by the Alexandria Division of the United States District Court for the Eastern District of Virginia. The Alexandria Division includes Prince William, Fairfax, Fauquier, Loudoun, Arlington, and Stafford counties, along with cities and towns geographically within those counties.

Federal cases from this part of Northern Virginia may therefore be heard at the Albert V. Bryan United States Courthouse in Alexandria. Dischley Law, PLLC frequently represents clients whose federal cases are heard there, and our Alexandria federal criminal defense practice reflects the firm’s experience with the division’s procedures and demanding pace.

Federal criminal cases can move quickly, making early attention to detention, discovery, motions, plea discussions, trial preparation, and sentencing especially important.

Evidence and Defense Issues in a § 2113 Case

There is no universal defense to a federal bank robbery charge. The useful issues depend on the indictment and the evidence.

Is the Financial Institution Covered by the Federal Statute?

The government must establish that the institution fits the statutory definition applicable to the charge. Records relating to federal organization or deposit or account insurance may be relevant to that element.

Can the Government Prove Force, Violence, Intimidation, or Extortion?

For a robbery theory under § 2113(a), the prosecution must prove the conduct required by that subsection. The exact words used, physical actions, witness testimony, video, and surrounding circumstances can all matter.

Is the Identification Reliable?

Surveillance images, eyewitness identifications, clothing, vehicles, phone data, location information, and other evidence may be used to identify a suspect. A defense may examine the quality of that evidence, how an identification procedure was conducted, and whether the government can reliably connect the accused to the alleged conduct.

Was Evidence Obtained Lawfully?

Search warrants, warrant affidavits, vehicle or home searches, device searches, and statements to investigators may raise constitutional or procedural issues. When a legal basis exists, defense counsel can seek suppression of evidence obtained in violation of constitutional protections.

What Should You Do if Federal Agents Contact You?

Federal investigations can begin before an arrest or indictment. If agents request a voluntary interview, ask to speak with counsel before answering substantive questions about the allegations. Do not make false statements, and do not consent to a voluntary search simply because an agent asks.

A warrant, subpoena, or court order raises different obligations. Do not physically interfere with officers executing legal process. Instead, counsel can review what was authorized, how the process was carried out, and whether there are grounds to challenge evidence later.

Our guide to considerations when facing federal criminal charges provides additional background on the early stages of a federal case.

Why Choose Dischley Law, PLLC for Federal Defense?

Every attorney at Dischley Law, PLLC has prosecutor experience, and members of the legal team have also worked as liaisons to law enforcement. That background can help when evaluating charging decisions, witness issues, investigative methods, and the strengths and weaknesses of the government’s evidence.

It is also important not to confuse state prosecutorial experience with having served as a federal prosecutor. Federal bank robbery cases have their own statutes, procedures, evidentiary questions, and sentencing framework. Our firm combines former-prosecutor perspective with experience representing defendants in federal court.

Founding attorney David J. Dischley is admitted to practice in the federal district courts for the Eastern and Western Districts of Virginia. Before returning to courtroom practice, he worked in the intelligence community advising on national-security-related crime and narcotics issues and worked extensively on financial crimes and money laundering involving narcotics entities. His earlier service also includes the United States Marine Corps.

The firm holds an AV Preeminent Rating® from Martindale-Hubbell®. Our offices in Manassas and Fairfax provide local access for clients facing federal investigations across Northern Virginia.

Call Dischley Law, PLLC at (703) 215-9337 to speak with a federal criminal defense attorney in Manassas about your case.

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  • You will not find a more caring and proactive attorney in your search for effective representation. David gets right to the heart of the case, finds the defenses, and presents them at the right time.
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