Federal Bank Robbery & Postal Robbery in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Bank Robbery (18 U.S.C. § 2113(a); Pattern Instr. O76.1)

What the Government must prove (Elements):

1. The defendant knowingly took, or attempted to take, money or property possessed by a federally insured bank, credit union, or savings and loan from or in the presence of the person named in the indictment.
2. The defendant did so by force and violence or by intimidation.

Intimidation means saying or doing something in a way that would make an ordinary person fear bodily harm. It does not matter whether the teller was actually scared, as long as an ordinary person in that position would have felt threatened. Section 2113(a) also covers entering a bank intending to commit a felony or larceny there. Up to 20 years.

Armed Bank Robbery (§ 2113(d); Pattern Instr. O76.2 and O76.3)

When the indictment also charges that the defendant assaulted someone or put someone's life in jeopardy by using a dangerous weapon or device, the Government must prove that third fact beyond a reasonable doubt. Instruction O76.2 is used when the two subsections are charged in separate counts (Elements); O76.3 when they are in the same count, with plain bank robbery as a lesser included offense (Elements). A dangerous weapon or device includes any object a person can readily use to inflict serious bodily harm. Up to 25 years.

Forced Accompaniment or a Killing (§ 2113(e); Pattern Instr. O76.4)

What the Government must prove (Elements): while committing the bank robbery, or trying to avoid arrest for it, the defendant forced at least one person to go with him or her, without that person's voluntary consent. The movement must be of some substance or significance, not trivial, though it need not leave the building. Minimum 10 years. Killing someone during the robbery or escape is also covered, and if a death results the penalty is death or life imprisonment.

Robbery of Mail or U.S. Property (18 U.S.C. § 2114(a); Pattern Instr. O77)

What the Government must prove for the armed version (Elements):

1. The defendant intentionally took, or tried to take, mail, money, or other property of the United States from a person who had lawful custody of it.
2. The taking was against the victim's will, by force and violence or by intimidation.
3. While doing so, the defendant wounded that person or jeopardized his or her life by using a dangerous weapon.

The Government does not have to prove the defendant knew the property belonged to the United States. Up to 10 years for a first offense without the third element; up to 25 years when the person was wounded or endangered with a dangerous weapon, or for a later offense.

Gun Charges Can Be Added

Prosecutors often add an 18 U.S.C. § 924(c) count when a firearm is involved, with consecutive minimums starting at 5 years. See Federal 924(c) Gun Charges.

Defense Themes

• Identification. Masks, hoods, and grainy video make mistaken identity a real issue.
• Intimidation. Whether the words or conduct would make an ordinary person fear bodily harm.
• The weapon. Whether an object was a dangerous weapon, and whether anyone's life was actually put in jeopardy.
• Forced accompaniment. Brief or trivial movement does not qualify.
• Statements and searches. See Motions to Suppress.

What to Do First

1. Don't talk to agents or post about the case.
2. Prepare for the detention hearing.
3. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

No weapon was shown. Can it still be bank robbery?

Yes. Intimidation is enough if an ordinary person would have feared bodily harm.

Can a bank robbery be charged in state court too?

Yes. Florida has its own robbery laws. See Robbery & Carjacking.