The Legal Gray Area: Bank Robbery Attempts and Their Penalties

Bank robbery is a serious crime that often involves a mafia-like mindset and meticulous planning. However, things don't always go according to plan, and sometimes the potential robber only manages to complete a small fraction of the entire operation. In these cases, what legal charges can be levied against the perpetrator?

In the following article, we will explore the nuances of bank robbery and its attempts, considering the differences between a failed robbery and an attempted one. We will also delve into the legal framework surrounding inchoate offenses and how they apply to such situations.

Understanding the Differences: Failed vs. Attempted Robbery

The key distinction between a failed robbery and an attempted one lies in the completion of the criminal act. In a failed robbery, the perpetrator might not even get to the stage of taking the money, while in an attempted robbery, there is an active effort to steal the money, even if it is not successfully executed.

For instance, if an armed bank robber tries to rob a bank but fails, with the robber placing a gun in the teller's face and demanding money but the teller runs away, the robber panics and runs out of the bank, he is not charged with bank robbery but with attempting to rob the bank. This is because the robbery was not completed.

Factors Determining Legal Charges

Several factors come into play when deciding whether charges can be levied for an attempted robbery. These include the extent to which the perpetrator advanced the criminal act and the presence of an intent to commit the robbery.

In the case where the robber only manages to hit a glass door and bounce off, despite the laughs, the tellers' testimony can still be used to establish that the perpetrator intended to commit the crime and had the opportunity to do so, even if the robbery was not completed.

To illustrate, consider the scenario where a robber trips outside the bank and fails to enter. A competent lawyer might argue that he never made it into the bank, and therefore he was not committed. However, if the perpetrator manages to get inside the bank and communicates with the teller in a credible manner, indicating the intention to rob, he can still be charged with attempted robbery.

Legal Framework and Inchoate Offenses

Some legal systems, such as the UK, recognize a wide range of so-called 'inchoate offenses' that can be committed even if the actual criminal act does not occur. These inchoate offenses include attempting (to commit a crime), inciting, aiding, abetting, counselling, procuring, or suborning the commission of an offence.

Conclusion

The legal implications of bank robbery attempts can be complex, and the guilt of the perpetrator often depends on how far into the robbery they managed to go. While a failed robbery might not result in immediate charges, an attempted robbery is a serious offense and can carry penalties. Understanding the nuances of these legal concepts is crucial for both prosecutors and defense attorneys in such cases.

Keywords

Bank robbery Attempted robbery Inchoate offences