What is Hobbs Act robbery

| by Max Soni

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If you’re reading this, you’re likely facing a Hobbs Act robbery charge – or someone you care about is. This is a federal charge, not a state robbery case, and it’s prosecuted by the United States Attorney’s Office. Federal prosecutors use this statute aggressively. The maximum penalty is 20 years in federal prison with no parole. This article explains what Hobbs Act robbery actually is, how federal prosecutors prove it, why the interstate commerce element isn’t the defense most people think it is, and what happens when you’re charged with this offense.

What the Hobbs Act Actually Prohibits

The Hobbs Act – codified at 18 U.S.C. § 1951 – makes it a federal crime to obstruct, delay, or affect interstate or foreign commerce through robbery or extortion. Congress passed it in 1946 to combat labor racketeering, but federal prosecutors now use it for street robberies, gang activity, and commercial robberies.

The statute defines robbery as the unlawful taking of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, violence, or fear of injury. That sounds like every state robbery statute. The difference is the federal element – interference with interstate commerce.

The government doesn’t need to prove you intended to affect interstate commerce. They don’t need to prove you knew your actions would affect interstate commerce. They only need to prove your robbery had some effect on interstate commerce, no matter how small. Courts call this a “de minimis” standard, which means minimal or slight. If you rob a gas station that sells products shipped from other states – and every gas station does – you’ve affected interstate commerce. If you rob a McDonald’s, a pharmacy, a liquor store, or any commercial business, federal prosecutors can charge you under the Hobbs Act.

When Federal Prosecutors Actually Use This Charge

According to DOJ policy guidelines, the Hobbs Act robbery offense should generally be used only in instances involving organized crime, gang activity, or wide-ranging schemes. But that’s internal policy, not law. Prosecutors have discretion. They use Hobbs Act charges for armed robberies of commercial businesses, carjackings affecting vehicles in interstate commerce, and robbery conspiracies involving multiple defendants.

Why do federal prosecutors charge Hobbs Act robbery instead of leaving it to state court? Federal sentencing is harsher. Federal defendants serve at least 85% of their sentence with no parole. Federal prosecutors have more resources – FBI agents, federal grand juries, wiretaps, conspiracy charges that rope in everyone involved. Once your case is federal, everything changes.

You’ll also see Hobbs Act robbery charged alongside 18 U.S.C. § 924(c) – use of a firearm during a crime of violence. That’s a mandatory minimum sentence that stacks on top of the robbery sentence. Five years for brandishing, seven years if you fired the weapon. These mandatory minimums must run consecutive to the Hobbs Act sentence.

The Interstate Commerce Element Isn’t a Real Defense

Defendants think the interstate commerce requirement gives them a defense. It doesn’t. Courts have ruled that the government only needs to prove a minimal impact on interstate commerce. Robbing a business that purchases goods from out of state satisfies this element – and almost every business does. Robbing a business that serves interstate travelers satisfies this element. Stealing a vehicle manufactured out of state satisfies this element.

In one case, prosecutors proved interstate commerce by showing the robbery victim’s business had depleted assets, which meant they couldn’t purchase goods in interstate commerce in the future. Courts accepted that theory. The robbery doesn’t need to directly affect commerce at the moment it happens. It just needs to have some effect, at some point, on the flow of goods or services across state lines.

What Hobbs Act Robbery Sentencing Actually Looks Like

The statutory maximum is 20 years. But sentencing doesn’t work that way in federal court. The Federal Sentencing Guidelines calculate a sentencing range based on the offense level and your criminal history category. For robbery, the base offense level starts at 20. If you used a firearm, add 5 levels. If someone was injured, add more levels. If you took more than $10,000, add levels based on the dollar amount. Each level increase adds months to your guideline range.

A defendant with no prior criminal record and a base robbery offense level of 20 faces a guideline range of 33 to 41 months. Add a gun enhancement, and you’re looking at 70 to 87 months – before the mandatory minimum § 924(c) sentence stacks on top. If you brandished the gun during the robbery, that’s an additional 84 months mandatory. Total sentence: 154 to 171 months, roughly 13 to 14 years in federal prison.

These aren’t hypothetical numbers. In 2024, a defendant received 210 months – 17.5 years – for a spree of armed Hobbs Act robberies in Washington, D.C. and Maryland. Multiple counts, multiple mandatory minimums, everything running consecutive. Defendants facing multiple Hobbs Act counts can receive sentences exceeding 20, 30, even 50 years.

Cooperation Is Often the Only Way to Reduce Federal Robbery Sentences

The most effective way to reduce a Hobbs Act robbery sentence is substantial assistance under U.S.S.G. § 5K1.1 or 18 U.S.C. § 3553(e). That means cooperating with federal prosecutors – providing information about co-defendants, testifying at trial, helping the government prosecute others. The prosecutor files a motion for downward departure based on your cooperation, and the judge can sentence below the mandatory minimums and guideline range.

Cooperation is risky. You’re admitting guilt, you’re testifying against people you know, you’re hoping the prosecutor keeps their promises. But when you’re facing 15 or 20 years, cooperation may be the only option that results in a sentence under 10 years. The earlier you cooperate, the more valuable your information. Waiting until after trial to cooperate means you’ve lost most of your bargaining power.

Why You Need a Federal Defense Attorney Who Knows These Cases

Hobbs Act robbery cases move quickly. Federal prosecutors indict you, you appear for arraignment, and trial is typically scheduled within 70 days under the Speedy Trial Act unless your attorney waives time. You need a lawyer who understands federal procedure, federal sentencing, cooperation agreements, and how to negotiate with Assistant United States Attorneys.

At Spodek Law Group, our criminal defense attorneys – including former prosecutors – have handled federal violent crime cases in jurisdictions across the country. We’ve negotiated cooperation agreements, litigated firearm enhancements, and fought for variances at sentencing. We know what federal prosecutors look for in cooperation, which judges grant variances, and how to build mitigation that actually matters.

We’re available 24/7 because federal arrests happen at any time – early morning search warrants, post-indictment surrenders, arrests after grand jury proceedings. If you or someone you know is under investigation for Hobbs Act robbery, or if you’ve already been charged, contact us immediately. The earlier we get involved, the more options you have.