Fort Worth Bank Robbery Defense LawyerRobbery is generally defined as the taking of property of another from another’s person or presence by force or intimidation with the intent to permanently deprive him of the property. There must be force involved, and the victim must be present. Federal bank robbery falls under 18 U.S.C. 2113(a) of U.S. Code, which states: Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association... The punishment for a federal bank robbery charge is a fine, imprisonment for not more than twenty years, or both. That the individual charged intentionally took from the person (or the presence of the person) money or property; That the money or property belonged to or was in the possession of a federally insured bank at the time of the taking; That the individual took the money or property by means of force and violence or by means of intimidation; and That the individual assaulted some person or put in jeopardy the life of some person by the use of a dangerous weapon or device, while engaged in taking the money or property. The evidence that the government must prove beyond a reasonable doubt is highly technical and subject to several precise definitions: To take "by means of intimidation" is to say or do something in such a way that a person of ordinary sensibilities would be fearful of bodily harm. It is not necessary to prove that the alleged victim was actually frightened, and neither is it necessary to show that the behavior of the defendant was so violent that it was likely to cause terror, panic, or hysteria. However, a taking would not be by "means of intimidation" if the fear, if any, resulted from the alleged victim's own timidity rather than some intimidating conduct on the part of the defendant. The essence of the offense is the taking of money or property accompanied by intentional, intimidating behavior on the part of the defendant. A "dangerous weapon or device" includes anything capable of being readily operated or wielded by one person to inflict severe bodily harm or injury upon another person. To "put in jeopardy the life of any person by the use of a dangerous weapon or device" means to expose someone else to a risk of death by the use of a dangerous weapon or device. Each of the four federal bank robbery elements discussed above is subject to both very strict and very precise proof. Accordingly, there are many creative and aggressive defense strategies that a Fort Worth bank robbery defense lawyer can employ to your benefit when facing federal bank robbery charges. Additionally, as in any criminal case, the government must prove not only the four essential elements of the offense charged, but must also prove, of course, the identity of the defendant as the perpetrator of the alleged offense. If appropriate, we can aggressively attack the identification testimony of any witness by critically questioning the following: 1) the credibility of any witness in general, 2) whether the witness had an adequate opportunity to observe the person in question at the time or times about which the witness testified, 3) the length of time the witness had to observe the person in question, 4) the prevailing conditions at that time in terms of visibility or distance and the like, and/or 5) whether the witness had known or observed the person at earlier times. No matter what defensive strategies are employed, the outcome of any case depends in large part on the amount of pre-trial investigation and research, the defense strategies employed and the motivations of the witnesses and prosecution. Early case intervention by the Fort Worth bank robbery defense attorney is critical to obtaining the best results. We provide our clients with peace of mind when we skillfully handle their cases, and successfully keep them out of prison completely or significantly minimize the sentence actually imposed. If you or a loved one are potentially facing or actually facing federal bank robbery charges, it is critical that you seek an aggressive Fort Worth criminal lawyer with the specific experience and expertise required in dealing with these types of charges. The Law Offices of Roderick C. White are ready, willing, and able to aggressively defend you or your loved one. Contact us immediately for a free, confidential initial consultation. |
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