Bank Robbery Attorney in Boston

Federal Defense Built on Experience Inside the Prosecuting Office

Federal bank robbery charges are prosecuted by the U.S. Attorney’s Office for the District of Massachusetts and tried before federal judges at the John Joseph Moakley United States Courthouse. Conviction rates in federal court can be high, and sentencing exposure under 18 U.S.C. § 2113 can be severe. I know this system from the inside. Before defending clients, I served as an Assistant U.S. Attorney in Boston with the Organized Crime Strike Force and the Drug Task Force, working alongside the FBI agents and federal prosecutors who bring these cases. I never lost a federal trial in that role.

That prosecutorial background is the foundation of my defense work. When I evaluate a federal bank robbery case, I’m not guessing at how the government builds its case. I’ve built them.

What Federal Bank Robbery Covers Under 18 U.S.C. § 2113

Federal bank robbery is broader than most people assume. The statute criminalizes taking or attempting to take money or property from a federally insured financial institution by force, intimidation, or extortion. It also covers entering a covered institution with intent to commit any felony or larceny, even if no property changes hands.

Nearly every bank, credit union, and savings and loan association qualifies as a covered institution because nearly all carry FDIC or NCUA insurance. That means almost any robbery of a financial institution can land in federal court regardless of whether state lines were crossed. The statute also reaches ATM robberies and armored truck robberies. Anyone who aids and abets a bank robbery faces the same criminal liability as the person who walked through the door.

Sentencing Exposure: Penalty Tiers Under § 2113

The sentencing structure under § 2113 is tiered by the conduct involved:

• Force or intimidation under § 2113(a): up to 20 years in federal prison
• Assault or use of a dangerous weapon under § 2113(d): up to 25 years
• Theft without force, property over $1,000 under § 2113(b): up to 10 years
• Death or kidnapping resulting from the offense under § 2113(e): minimum 10 years, with the possibility of life imprisonment or the death penalty if death results

These base penalties don’t account for the additional charges that frequently accompany a bank robbery indictment. A firearm enhancement under 18 U.S.C. § 924(c) can add a mandatory consecutive prison term on top of the base sentence. Conspiracy and kidnapping counts can stack further. Federal sentencing guidelines require judges to weigh criminal history, weapon use, and victim injury before imposing sentence, even where they retain discretion to vary from the guidelines range.

How the FBI Investigates Bank Robbery Cases in Boston

FBI-led bank robbery investigations are methodical. Agents collect surveillance footage, track dye pack deployments, follow GPS signals embedded in stolen currency, and document marked bill recovery. By the time federal prosecutors seek a grand jury indictment at the Moakley Courthouse, the evidentiary record is often already extensive.

What many people don’t realize is that federal agents can make contact before any arrest or formal charge. A grand jury subpoena or a voluntary interview request may be the first sign you’re a target. Speaking to federal agents without counsel, even casually, can produce statements used against you or create new exposure under false statement statutes. Retaining a bank robbery attorney in Boston before charges are filed can give you an opportunity to shape what happens next. I served in the office that makes those charging decisions, and I know how much early intervention can matter.

Defense Strategies in Federal Bank Robbery Cases

No two federal bank robbery cases present the same facts, but several defense avenues recur in these prosecutions.

Challenging Identification Evidence
Eyewitness identifications made under stress, in poor lighting, or during a brief interaction are vulnerable. Courts have recognized the unreliability of such identifications, and a strong cross-examination can undermine the government’s identification case significantly.

Disputing the Force or Intimidation Element
If the prosecution can’t establish that the taking involved force or intimidation as required under § 2113(a), the charge may be reduced to the lesser larceny offense under § 2113(b), which carries meaningfully lower penalties.

Attacking Federal Jurisdiction
Federal jurisdiction under § 2113 depends on the targeted institution being federally insured. If that element can’t be proven, the federal charge may not hold.

Suppression Motions
Evidence obtained through unlawful searches or interrogations can be challenged through a motion to suppress. I have filed and argued suppression motions and federal appeals before the First Circuit Court of Appeals. Suppressed evidence can significantly weaken the government’s case or open the door to a negotiated resolution.

Plea Negotiations
When the evidence is strong, understanding how federal prosecutors value cases against the sentencing guidelines is essential to identifying realistic leverage points. My time on the prosecution side informs that analysis directly.

Why Boston Defendants Choose Brad Bailey Law

I’ve handled more than 375 federal criminal matters and conducted more than 100 federal jury trials across five decades of practice, with more than 300 of those matters in federal court. My record includes not guilty verdicts in serious federal jury trials involving arson with a bomb or incendiary device, perjury and obstruction of justice, and conspiracy to commit international money laundering with health care fraud.

I hold a 10.0 Superb Avvo Rating, an AV Preeminent rating from Martindale-Hubbell, and have been selected to Super Lawyers every year from 2014 through 2025, as well as in 2004 and 2006 through 2007. I’m recognized as a National Top 100 Trial Lawyer. My education at Harvard and UVA School of Law grounds the analytical side of the work. I know the judges and clerks at the U.S. District Court for the District of Massachusetts, and they know me. In federal practice, that familiarity matters.

I represent clients throughout Greater Boston, including Cambridge, in federal criminal matters at every stage from investigation through trial and appeal.

Talk to a Federal Bank Robbery Lawyer in Boston Today

The window to influence a federal investigation can close quickly. Free consultations are available by phone, in person, or virtually. Contact Brad Bailey Law at (617) 500-0252 any time, day or night.