Federal criminal charges for robbery

What Is the Hobbs Act?

The Hobbs Act, codified at 18 U.S. Code § 1951, is a federal law enacted in 1946 to combat robbery and extortion affecting interstate commerce. While originally intended to curb organized crime and labor union corruption, the statute has become a powerful tool for federal prosecutors in a wide variety of criminal cases.

What Is Hobbs Act Robbery?

Hobbs Act robbery refers specifically to the act of taking property from someone by means of actual or threatened force, violence, or fear, in a way that affects interstate or foreign commerce. What sets this apart from other types of robbery is its federal scope—it must have some connection, however minimal, to interstate commerce.

Legal Elements of Hobbs Act Robbery

To secure a conviction, the prosecution must prove the following elements beyond a reasonable doubt:

1. The defendant knowingly and willfully committed a robbery (i.e., took or attempted to take property from another person against their will through force or threat of force).
2. The act affected interstate or foreign commerce.

Even a small or indirect impact on interstate commerce—such as robbing a local business that sells out-of-state products—can satisfy the commerce requirement.

Common Scenarios

Hobbs Act robbery charges often arise in:

• Armed robberies of businesses (e.g., convenience stores, gas stations)
• Drug trafficking crimes where force or threats are used to steal narcotics or proceeds
• Robberies involving delivery drivers or couriers

Penalties for Hobbs Act Robbery

A conviction under the Hobbs Act can lead to severe penalties, which may include:

• Up to 20 years in federal prison per count
• Substantial fines
• Restitution to victims
• Enhanced penalties if a firearm was used (under 18 U.S. Code § 924(c), which can add 5 years to life or even a mandatory minimum sentence depending on the circumstances)

Each instance of robbery can be charged as a separate offense, leading to consecutive sentences if there are multiple victims or events.

Defenses to Hobbs Act Robbery Charges

Several legal defenses may apply, including:

• Lack of intent: The defendant did not intend to commit robbery.
• No impact on interstate commerce: The connection to commerce was too tenuous.
• Mistaken identity or false accusation
• Coercion or duress

A qualified defense attorney will scrutinize the prosecution’s case for any constitutional violations or weaknesses in the evidence.

Why Hobbs Act Charges Are Serious

Because Hobbs Act robbery is a federal offense, it is investigated by agencies like the FBI and prosecuted in federal court, where sentences tend to be harsher than in state courts. Defendants face long-term imprisonment, and federal convictions carry lifelong consequences.

Conclusion

Hobbs Act robbery is a serious federal crime with tough penalties, often used in high-stakes cases involving violence or threats against people or businesses. If you or someone you know is facing a Hobbs Act charge, seeking immediate legal counsel from an experienced federal criminal defense attorney is critical. Matthew Galluzzo is a former Manhattan prosecutor with extensive experience defending individuals accused of federal Hobbs Act robbery charges. If you or a loved one have been accused of a federal robbery charge in New York, New Jersey, or Connecticut, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.