Differences Between State and Federal Prosecution of Bank Robberies

When a person is accused of robbing a bank, the first moments of the investigation can be incredibly confusing. You might assume local police will handle the case, but then agents from the Federal Bureau of Investigation (FBI) appear. 

Suddenly, you are facing the immense power of the United States government. This is because a bank robbery is one of a few crimes that can be prosecuted by either state or federal authorities, and understanding the differences between state and federal prosecution of bank robberies is not just an academic exercise. 

The distinction determines which laws apply, which investigators build the case, which prosecutor files the charges, and what courthouse and sentencing system will ultimately decide your fate.

The decision of whether a case proceeds in a Texas state court or a federal courtroom has profound consequences for your defense strategy and your future. The investigators have different resources, the prosecutors follow different rules, and the penalties upon conviction are calculated in vastly different ways.

For a person facing such a serious allegation, recognizing the arena you are in is the first step toward building a formidable defense.

The Jurisdictional Question in Bank Robbery Cases

Why does a crime that happens at a physical location in a Texas city like Frisco or Sherman often become a federal matter? The answer almost always comes down to two letters: FDIC. 

Most banks, credit unions, and savings and loan institutions in the United States are federally insured by the Federal Deposit Insurance Corporation. An offense against a federally insured institution is considered an offense against the federal government, giving federal authorities jurisdiction to investigate and prosecute.

This creates a situation of “concurrent jurisdiction,” where the state and federal governments have the legal authority to bring charges. However, the federal government nearly always takes the lead in these cases.

Triggers for federal jurisdiction:

• The primary trigger is the robbery, burglary, or larceny of any financial institution insured by the FDIC. This includes most commercial banks.
• The robbery of a federal credit union insured by the National Credit Union Administration (NCUA).
• The use of force or violence that affects interstate commerce, which is broadly interpreted in federal law.

When a case might remain with the state:

• The robbery of a purely private financial institution that lacks any federal insurance, such as some private lending businesses or check-cashing stores.
• In rare instances, federal prosecutors may decline to take a case, leaving it to the local District Attorney’s Office if they feel state resources are adequate.

This jurisdictional choice is not made lightly. The federal government’s involvement signals a different level of investigative power and a more severe set of potential consequences.

Contrasting the Investigative Agencies and Their Methods

The agency that leads the investigation shapes the entire case against you. The FBI and local Texas police departments are staffed by dedicated professionals but operate with different resources, protocols, and geographic scopes.

The Federal Investigation: The FBI’s Approach

When the FBI takes charge of a bank robbery case, they bring a massive and highly coordinated set of resources to bear. The Bureau is a national agency with a singular focus on federal crimes and a budget that allows for cutting-edge investigative techniques.

• Sophisticated Forensic Analysis: The FBI has access to one of the world’s most advanced crime labs for analyzing evidence like DNA, fingerprints, and ballistics.
• Extensive Surveillance: They can deploy advanced electronic surveillance, including obtaining warrants for wiretaps and tracking devices.
• Nationwide Coordination: The FBI can seamlessly coordinate with field offices across the country to track suspects who cross state lines, analyze patterns in other robberies, and access national databases.
• Digital Evidence Gathering: FBI agents are highly trained in obtaining and analyzing digital evidence from cell phones, computers, and social media, often a key part of modern bank robbery cases.
• Financial Tracking: They possess the authority to subpoena and scrutinize financial records to follow the money after a robbery.

The State Investigation: A local focus

If a bank robbery case were to remain at the state level, the investigation would be handled by local police detectives or Texas Rangers. While these officers are very capable, their resources are generally more limited and their focus is more local.

• Crime Scene Response: The initial response is from patrol officers who secure the scene and gather preliminary witness statements.
• Local Detective Work: Local detectives take over, relying on their knowledge of the community, local informants, and relationships with other nearby police departments.
• State Crime Labs: Evidence is sent to a Texas Department of Public Safety crime lab for analysis.
• Community-Based Information: State police often rely more heavily on public tips and information gathered from the local community to identify suspects.

The FBI’s involvement typically means a more thorough, evidence-heavy, and far-reaching investigation, which requires a defense team with experience countering these specific federal methods.

Comparing State Robbery Statutes and the Federal Bank Robbery Act

The laws defining bank robbery and its punishments are starkly different at the state and federal levels. A conviction under the federal statute often carries harsher penalties and less flexibility in sentencing than a conviction under the Texas Penal Code.

Federal Bank Robbery Prosecution Under 18 U.S.C. § 2113

The Federal Bank Robbery Act is a comprehensive statute covering various offenses against financial institutions. It is not just about a classic “stick-up.” The law outlines several distinct crimes, each with its own severe sentencing range.

• Robbery by Force or Intimidation: Taking or attempting to take money from a bank by force and violence, or by intimidation. Even if no weapon is shown and no one is physically touched, creating fear is enough. This carries a sentence of up to 20 years in federal prison.
• Assault or Jeopardizing Life: Committing the robbery by assaulting any person or putting their life in jeopardy by using a dangerous weapon or device. This increases the maximum sentence to 25 years.
• Kidnapping or Murder: If a death results from the offense or a person is forced to accompany the offender, the penalties can include life imprisonment or even the death penalty.

State Robbery Prosecution in Texas

If prosecuted by the state, the case would fall under the Texas Penal Code’s statutes for robbery or aggravated robbery. These are serious felony charges, but the legal definitions and sentencing structures are different.

• Robbery (§ 29.02): A person commits robbery if, in the course of committing theft, they intentionally or knowingly cause bodily injury to another, or threaten another with imminent bodily injury or death. This is a second-degree felony.
• Aggravated Robbery (§ 29.03): The offense becomes aggravated robbery if the person causes serious bodily injury, uses or exhibits a deadly weapon, or the victim is 65 years or older or disabled. This is a first-degree felony.

While both state and federal charges are severe, the federal statutes are often broader and are tied to a more rigid sentencing system.

Key Differences in the Courtroom and Sentencing

The differences continue into the courtroom and, most critically, into the sentencing phase. The federal and state systems operate on separate tracks with different personnel, rules, and philosophies regarding punishment.

The Court Systems and Prosecutors

Federal Court:

• Prosecutors: The case is brought by an Assistant United States Attorney (AUSA). These are federally appointed lawyers who often focus on specific, high-level crimes and are part of the Department of Justice.
• Judges: Federal judges are appointed for life, which insulates them from political pressure.
• Rules: The court follows the Federal Rules of Criminal Procedure and the Federal Rules of Evidence, which are uniform across the country.

Texas State Court:

• Prosecutors: The case is brought by a county or district attorney, who is an elected official.
• Judges: State judges in Texas are also elected, and cases are heard in county district courts.
• Rules: The court follows the Texas Code of Criminal Procedure and Texas Rules of Evidence.

The Sentencing Disparity in Bank Robbery Convictions

This is arguably the most significant difference. Federal sentencing is a world away from state sentencing, and it is almost always harsher for a bank robbery conviction.

Federal sentencing guidelines and their impact on a bank robbery case

The U.S. Sentencing Guidelines drive federal sentences. While they are now advisory rather than mandatory, federal judges still must calculate them and give them great weight. 

The guidelines use a points-based system where specific facts of the crime dramatically increase the recommended prison sentence.

• Use of a Firearm: Simply possessing a firearm during the crime triggers a mandatory minimum sentence that must be served consecutively to any other sentence. Brandishing it adds more time, and discharging it adds even more.
• Amount of Loss: The more money stolen, the higher the guideline range.
• Physical Restraint: If any victim was physically restrained (e.g., tied up, forced into a room), the sentence increases significantly.
• Threat of Death: Explicitly threatening to kill a teller or customer adds points.
• Role in the Offense: A person deemed a leader or organizer of the robbery receives a much higher sentence.

Sentencing in Texas State Court

Sentencing for a Texas robbery conviction is more straightforward, based on the felony degree.

• First-Degree Felony (Aggravated Robbery): A prison sentence between 5 and 99 years, or life.
• Second-Degree Felony (Robbery): A prison sentence between 2 and 20 years.

A unique feature of the Texas system is that a defendant can elect to have the jury decide their sentence. In federal court, the judge alone determines the sentence. 

Parole eligibility rules in Texas may allow for release earlier than the federal system’s “truth in sentencing” laws, which typically require serving at least 85% of the sentence.

Frequently Asked Questions

Q1: Can I be charged by both the state and federal government for the same bank robbery?
A: Legally, yes. The “dual sovereignty” doctrine allows both state and federal governments to prosecute someone for the same criminal act because they are separate sovereigns. In practice, this is extremely rare for bank robberies. The federal government almost always takes the case, and the state will stand down.

Q2: What if no weapon was used and nobody was hurt? Is it still a federal crime?
A: Yes, absolutely. The Federal Bank Robbery Act covers robbery by “intimidation.” A note passed to a teller or a verbal demand for money that creates fear is sufficient for a federal charge that carries a potential sentence of up to 20 years.

Q3: Does the amount of money stolen matter in a federal bank robbery case?
A: Yes, but only for sentencing. To be charged with the crime, the amount taken is irrelevant—stealing one dollar is sufficient. However, under the Federal Sentencing Guidelines, the amount of financial loss is a major factor that drives the recommended prison sentence upward.

Q4: Why is it so vital to hire a lawyer with federal court experience for this charge?
A: The federal system is entirely different. The rules of procedure, the evidence rules, the sentencing guidelines, the prosecutors, and the judges are all unique. An attorney who only practices in Texas state courts will be at a severe disadvantage. 

You need a lawyer who regularly litigates in U.S. District Court and has a deep knowledge of federal law and sentencing.

Q5: If the FBI wants to interview me about a bank robbery, what should I do?
A: You should politely decline to answer any questions and state clearly and immediately, “I want to speak with a lawyer.” 

Do not provide any information, explanations, or alibis. Anything you say can and will be used to build a federal case against you. Exercising your right to remain silent is the most important step you can take to protect yourself.

A Defense Built for the Federal Arena

When you are facing a federal bank robbery charge, you are not just up against a local police department; you are up against the full investigative and prosecutorial power of the United States Department of Justice. 

We have the experience to challenge federal prosecutors and protect our clients in Frisco, Sherman, and across Texas. If you face a federal investigation, your future depends on your actions today. Call (214) 368-2560 for a confidential consultation.