Bank Robbery Attorney in Houston

Federal Charges Demand Federal Experience. We’ve Got Over 60 Years of It.

A bank robbery charge is a federal matter from the start. Because virtually every bank and credit union is federally insured, these cases land in federal court, investigated by the FBI and prosecuted by Assistant United States Attorneys. The sentencing exposure is severe, and federal proceedings move faster than most people expect. At Hochglaube & DeBorde, PC, we represent clients facing federal charges throughout Houston and the Southern District of Texas, handling cases from the first moment of law enforcement contact through trial and, when necessary, through the federal appellate courts.

Our team brings over 60 years of combined criminal defense experience to every case. Nicole DeBorde spent more than eight years as a Harris County prosecutor, giving her direct insight into how prosecutors on both the state and federal side build their cases and where those cases can be challenged.

What 18 U.S.C. § 2113 Actually Covers

Most people picture an armed teller robbery when they hear “bank robbery.” The federal statute is considerably broader. 18 U.S.C. § 2113 criminalizes taking or attempting to take money or property from a federally insured institution by force, intimidation, or extortion. Intimidation doesn’t require a weapon: conduct that would cause a reasonable person to fear bodily harm is enough, even without a firearm present.

The statute reaches well beyond entering a branch. Charges can arise from ATM theft connected to a federally insured institution, armored truck or night-depository theft, entering a bank with intent to commit a felony or larceny, and receiving or concealing stolen bank funds under § 2113(c). Aiding and abetting carries the same exposure as the principal, meaning a getaway driver or lookout faces identical charges and penalties as the person who walked through the door.

One exposure many defendants don’t anticipate: under the dual sovereignty doctrine, Texas state prosecutors can pursue separate robbery charges under Chapter 29 of the Texas Penal Code for the same underlying act. Federal acquittal or conviction does not bar a subsequent state prosecution.

Federal Sentencing Under § 2113: Tiered Penalties & Enhancements

Federal bank robbery carries a tiered sentencing structure, and the exposure increases sharply at each level.

• Basic robbery or entering with intent under § 2113(a): Up to 20 years in federal prison and fines up to $250,000
• Armed bank robbery under § 2113(d): Up to 25 years; using a dangerous weapon or device qualifies, including an unloaded firearm or a hoax bomb
• Kidnapping or forcible movement during the robbery or escape: Mandatory minimum 10 years, maximum life
• Death resulting from the offense: Life imprisonment or the death penalty
• Bank larceny under § 2113(b): A lesser-included offense carrying up to 10 years, or up to one year if the property is valued at $1,000 or less, available when the government can’t prove force or intimidation

Two features of federal sentencing make these numbers harder to negotiate down than comparable state charges. First, a § 924(c) firearm enhancement can be stacked on top of any § 2113 sentence, adding a mandatory consecutive term ranging from 5 years for basic possession to 7 years for brandishing to 10 years for discharge. That time cannot be served concurrently with the underlying sentence. Second, there is no parole in the federal system: a defendant serves at least 85 percent of the imposed term. The Federal Sentencing Guidelines set a base offense level of 20 for § 2113(a) robbery, with upward adjustments for the amount taken, weapon use, injury, and other case-specific factors.

How We Build a Federal Bank Robbery Defense

Federal bank robbery prosecutions rely heavily on surveillance footage, eyewitness identification, physical evidence like dye packs and GPS trackers, and statements made before counsel was retained. Each of those pillars can be challenged. Our approach is methodical: we review every piece of evidence the government holds, identify constitutional and factual vulnerabilities, and build the strategy around what the record actually shows.

Defense angles we examine in every case include:

• Challenging identification: Eyewitness reliability and the admissibility of identification procedures are subject to scrutiny; mistaken identity is one of the most common factors in wrongful bank robbery charges
• Fourth Amendment suppression: Evidence obtained through unlawful searches, seizures, wiretaps, or improperly handled informant operations can be challenged and excluded before trial
• Contesting the federal nexus: The government must prove the institution was federally insured at the time of the offense; failure to establish that element can defeat the federal charge
• Lesser-included offense arguments: Where the evidence of force or intimidation is weak, we may seek to resolve the case as bank larceny under § 2113(b) rather than robbery
• Duress: If a defendant was coerced into participating under a credible threat of immediate harm, that coercion may constitute a recognized defense
• Sentencing mitigation: When conviction is a realistic outcome, strategic advocacy at sentencing through mitigation evidence, downward departure motions, and cooperation considerations can make a material difference in the sentence imposed

Nicole DeBorde’s years inside the Harris County District Attorney’s Office shaped how she reads a prosecution’s case file. She knows which evidence federal prosecutors lean on and where their arguments are most vulnerable. That perspective runs through every decision we make from investigation through verdict.

Talk to a Houston Bank Robbery Defense Attorney Before You Talk to Anyone Else

Federal investigations don’t begin at arrest. By the time a suspect is contacted by FBI agents, the government has often spent weeks gathering surveillance footage, interviewing bank employees, and building a file. Anything said to law enforcement without counsel present can be used against you at trial or at sentencing. The earlier we’re retained, the more options may be available to protect you.

Hochglaube & DeBorde, PC offers free consultations, 24/7 availability, and Spanish-language interpretation. We represent clients throughout Houston and South Texas in federal criminal matters.