Bakersfield Bank Robbery Lawyer

Being investigated for or charged with bank robbery is one of the most serious situations you can face. Your freedom, your record, and your family life are all on the line, and you may not know whether the case will stay local or move into the federal system. You should not try to navigate this alone when a single decision can affect the rest of your life.

At Humphrey & Thompson, we focus our practice on criminal defense in Bakersfield and throughout Kern County, and we regularly handle serious felony matters. You will not be shuffled between offices or passed down a chain of junior staff. You work directly with seasoned trial lawyers like Mr. Humphrey and Mr. Thompson, who bring decades of criminal defense experience to every strategy call and courtroom appearance.

Our attorneys are board-certified in criminal law by the State Bar of California, and our team has handled more than 5,000 criminal cases in state and federal criminal courts. That depth matters when prosecutors are alleging a violent robbery in a financial institution. 

If you or a loved one is facing this kind of accusation here, we encourage you to reach out for a confidential consultation to discuss your options and next steps.

What is Considered Bank Robbery?

In California, bank robbery is unique because it can be prosecuted under two different sets of laws.

California Penal Code 211 (Robbery)

Under state law, robbery is defined as the "felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." When this occurs within a bank, it is typically charged as a felony.

18 U.S.C. § 2113 (Federal Bank Robbery)

Because most banks are insured by the Federal Deposit Insurance Corporation (FDIC), the federal government has jurisdiction over crimes committed against them. Under the federal statute, bank robbery includes taking—or attempting to take—anything of value from a bank by force, violence, or intimidation. Notably, the federal definition also includes "entering" a bank with the intent to commit a felony or larceny, even if no money is successfully taken.

Common Forms of Bank Robbery

Bank robbery is rarely a "one-size-fits-all" charge. The specific circumstances of the incident will dictate the severity of the charges and the potential for sentencing enhancements.

• Note-Based Robberies: Handing a teller a note demanding money. Even if no weapon is shown, the "intimidation" element of federal law is often satisfied.
• Armed Robbery: The use of a firearm, knife, or even a "simulated" weapon (an object made to look like a gun) during the commission of the crime.
• ATM Robbery: Taking property from someone who has just used an ATM and is still in the vicinity. In California, this is often classified as first-degree robbery.
• Safe/Vault Entry: Forcing staff to open vaults or safes, which often leads to additional charges such as kidnapping or false imprisonment if employees are moved or restrained.

State & Federal Bank Robbery Penalties in California

The penalties for bank robbery are among the harshest in the criminal justice system. A conviction can result in decades of imprisonment.

Federal Penalties (18 U.S.C. § 2113)

• Standard Bank Robbery: Up to 20 years in federal prison.
• Armed Bank Robbery/Assault: If a dangerous weapon is used or someone’s life is put in jeopardy, the sentence can increase to 25 years.
• Kidnapping or Death: If a person is killed or kidnapped during the robbery or escape, the penalty is a mandatory minimum of 10 years, with a maximum of life imprisonment or the death penalty.

California State Penalties (PC 211)

• Second-Degree Robbery: 2, 3, or 5 years in state prison.
• First-Degree Robbery: 3, 4, or 6 years in state prison.

Sentencing Enhancements: California’s "10-20-Life" law (PC 12022.53) adds mandatory consecutive time for firearm use:

• 10 years for personal use of a firearm.
• 20 years for discharging a firearm.
• 25 years to life for causing great bodily injury or death.

Additionally, robbery is a "strike" under California’s Three Strikes Law, which can double future sentences or lead to a 25-to-life term for subsequent offenses.

Legal Defenses to Bank Robbery Charges

Our Bakersfield bank robbery defense lawyer will scrutinize every detail of the prosecution’s case. Common defense strategies include:

• Mistaken Identity: Bank robberies are high-stress events. Eyewitness testimony is notoriously unreliable, and poor-quality surveillance footage can lead to the arrest of the wrong person.
• Lack of Force or Fear: If the prosecution cannot prove that "force or fear" (state) or "intimidation" (federal) was used, the charges may be reduced to a lesser theft offense.
• Duress or Coercion: If you were forced to participate in the robbery under threat of immediate harm to yourself or your family, you may have a valid duress defense.
• Claim of Right: In specific state-level cases, if you had an honest (even if mistaken) belief that the property belonged to you, it may negate the "intent to steal" required for robbery.
• Constitutional Violations: If evidence was gathered through an illegal search or if your Miranda rights were violated during questioning, we can move to have that evidence suppressed.