Legal Question in Criminal Law in Pennsylvania

Re: Prison Time

Yeah Surrre. Steal $100,000 from the bank and not only won't they give you prison time, they'll give you a citizen of the year medal and a booklet of coupons good for free margaritas at T.G.I. Fridays. Dream on.

Re: Prison Time

For a more practical answer to your question, unlike the one posted by Mr. Stone, if the bank is federally insured, the charge would fall under Title 18 United States Code Section 2113(b), if in fact we are talking about embezzlement and not bank robbery with force. There is no mandatory minimum sentence for this crime, but the statutory maximum is 10 years in federal prison.

However, if you have no criminal record of any kind, the United States Sentencing Guideline advisory sentencing range is 15-21 months in prison. The court has the discretion to go below or above that range. You would probably would not be eligible for probation for this crime, but if you received a sentence of less than 12 months, you would be eligible for somekind of split sentence--some time in custody, some time "house arrest." It all depends on the facts of your case and the disposition of the case, whether by plea or conviction after trial.

If you would like a more comprehensive evaluation of your case, please contact us directly. My practice is exclusively federal criminal defense.

Good luck to you.

Re: Prison Time

Embezzlement (or theft) from a bank is a very serious federal offense. I am quite certain this is a federally insured financial institution and, hence, it is primarily a federal offense. As far as prison time goes, that is far more difficult to determine. Under the 2002 Sentenging Guidelines, it is a base offense level of at least 22. Then if you breached the trust or confidence placed in you (i.e., an employee) there are additional points for that as well. There are numerous possible "upward" and "downward" adjustments involved here as well--far too complex too explain here. Bottom line #1 is this is a Zone D offense where you will definitely go to prison for some period. However, since 1/12/2005 the Guidelines are advisory only and it is conceivable, but not likely, that you could get a probationary sentence. Because you are in Calif. you have additional options open to you as well. Again, these options are too complex to explain in this venue. Bottom line #2--you need the best federal criminal defense lawyer that you can afford. Further, time is critical as they will be out to arrest you when the case is ready for filing (or filed) if they know where you are. They eventually find most everybody. You would not be posting if you had not already heard they are making inquiries, in my experience (of 36 years).