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Hobbs Act Penalties: Understanding the Consequences if Convicted
Contents
Introduction
The Hobbs Act is a federal law that prohibits robbery or extortion affecting interstate or foreign commerce. A conviction under this act carries severe penalties, including lengthy prison sentences and steep fines. However, the complexities of the law also allow room for possible defenses. This article provides an overview of Hobbs Act penalties, what a conviction entails, and potential strategies if facing charges.
Background on the Hobbs Act
Enacted in 1946, the Hobbs Act was intended to combat racketeering by prohibiting robbery and extortion. The act applies to any obstruction, delay, or other effect on interstate or foreign commerce by robbery or extortion. This includes violent crimes like armed robbery, but also covers threats or coercion to obtain property.
To violate the Hobbs Act, the defendant’s actions must somehow connect to interstate or foreign commerce. This is broadly interpreted and could include businesses engaged in interstate commerce, or even illegal commerce like drug trafficking. It also covers private individuals if there is at least a “realistic probability” of an effect on commerce.
Penalties for a Hobbs Act Conviction
A Hobbs Act conviction exposes defendants to potentially severe federal penalties:
- Up to 20 years in federal prison per count
- Fines up to $250,000 per count
- Up to 3 years supervised release following incarceration
- Restitution to compensate victims
The potential prison sentence increases to a maximum of life imprisonment if a firearm was brandished, and a minimum of 7 years if a firearm was discharged. Fines can reach up to $250,000 per count, creating exposure to high financial penalties with multiple guilty counts.
This harsh sentencing range reflects how seriously the federal system treats Hobbs Act violations. The court determines the actual sentence based on the U.S. Sentencing Guidelines and other factors. But the stakes are clearly high with the possibility of decades behind bars.
Collateral Consequences
Beyond prison, fines, and supervised release, a Hobbs Act conviction also brings additional “collateral consequences”:
- Felon status – Loss of rights like voting, jury duty, and gun ownership
- Bars many professional licenses
- Potential for deportation for non-citizens
- Other limitations on government benefits
The ramifications can follow someone for life, restricting employment opportunities, benefits access, and more. Those without U.S. citizenship also risk removal proceedings.
Sentencing Enhancements
Several factors can enhance the sentencing range and exposure for a Hobbs Act violation:
- Prior convictions – Repeat offenders face steeper penalties
- Gang involvement – Participating in a criminal enterprise adds up to 20 years imprisonment
- Bodily injury – Causing harm to victims adds up to 20 years per count
- Brandishing a weapon – Displaying a dangerous weapon adds up to 10 years
The more serious the circumstances, the harsher the potential outcome. For example, a convicted felon who commits another Hobbs Act robbery with a gun would face over 25 years even before considering other enhancements.
Possible Defenses
Given the gravity of a Hobbs Act conviction, building an aggressive legal defense is imperative. Several strategies may apply depending on the circumstances:
- No “effect” on commerce – The government must prove at least a minimal connection to interstate or foreign commerce. Contesting this nexus may defeat the charges.
- Duress/coercion – Unwilling participation under threat may provide a defense.
- Entrapment – Improper inducement by government agents may invalidate charges.
- Mistake of fact – A reasonable but mistaken belief in good faith may rebut criminal intent.
The complexities of the Hobbs Act provide opportunities to fight the prosecution’s ability to prove all elements beyond a reasonable doubt. An experienced federal criminal defense attorney can assess whether lines of defense apply.
Takeaways
The bottom line is that a Hobbs Act conviction produces devastating consequences – years or decades in prison, massive fines, and a permanent felony record. The sentencing enhancements only intensify the penalties in aggravated circumstances involving weapons, bodily harm, or repeat offenders.
However, all hope is not lost if facing charges. Mounting an aggressive defense to raise doubt on the prosecution’s case or demonstrate mitigating factors remains imperative. This is vital to attempt avoiding a lengthy prison sentence and other collateral damage from a conviction.
Citations
Cornell Law School, 18 U.S. Code § 1951 – Interference with commerce by threats or violence
U.S. Department of Justice, Hobbs Act Robbery, 18 U.S.C. 1951