18 U.S.C. § 1951 — the Hobbs Act — makes it a federal crime to obstruct, delay, or affect interstate commerce by robbery, extortion, or conspiracy to do so. Maximum: 20 years per count, $250,000 fine. The Act reaches both private extortion (force, fear, threat) and "color of official right" public corruption.
The Hobbs Act is a federal workhorse for both street-level robbery prosecutions (when interstate commerce can be shown) and complex public-corruption cases (under the "color of official right" theory). The interstate-commerce nexus is often weakly satisfied, providing defense leverage.
The Three Subsections
(a) Substantive Hobbs Act
Whoever in any way obstructs, delays, or affects commerce by robbery or extortion or conspires to do so, or commits or threatens physical violence to any person or property in furtherance.
Definitions
- Robbery: unlawful taking of personal property from a person, against his will, by means of actual or threatened force, violence, or fear of injury;
- Extortion: obtaining property from another, with consent, induced by wrongful use of actual or threatened force, violence, or fear, OR under color of official right.
Color of Official Right Extortion
The most prosecutorially powerful Hobbs Act theory: a public official extorts property by virtue of office — even without explicit threats. Evans v. United States, 504 U.S. 255 (1992) established that no affirmative inducement is required; passive acceptance of a bribe in connection with official action is enough.
This makes Hobbs Act color-of-right essentially a federal bribery statute that reaches state and local officials. The McDonnell limitation on "official act" applies in this context too.
The Interstate Commerce Element
Federal jurisdiction requires that the conduct affect interstate commerce — but the bar is low. The Supreme Court in Stirone v. United States, 361 U.S. 212 (1960) established a permissive "depletion of assets" theory: robbery of a business reduces its ability to engage in interstate commerce.
For street-level robberies, the prosecution typically shows:
- The business sold or purchased goods that traveled in interstate commerce;
- The cash taken would have been used for interstate purchases;
- The robbery affected the business's interstate operations.
Defense leverage exists in cases involving small-business robberies with weak interstate ties — but the Supreme Court has consistently rejected narrow readings of the commerce element.
Common Charging Patterns
Convenience Store / Restaurant Robberies
Hobbs Act used as a federal alternative to state robbery charges, often when defendants have prior felonies or the case is part of a multi-state pattern.
Drug-Related Robberies
Robberies of drug dealers or stash houses — Hobbs Act + § 924(c) firearm enhancements produce cases with 25+ year exposures.
Carjacking / Vehicle Theft
Hobbs Act sometimes charged alongside 18 U.S.C. § 2119 carjacking.
Public Corruption Under Color of Right
Public officials extorting bribes — most public-corruption cases involve both § 201 and Hobbs Act counts.
Labor Racketeering
Union officers extorting employers or workers.
Sentencing and § 924(c) Stacking
USSG § 2B3.1 governs Hobbs Act robbery sentencing:
- Base offense level: 20 (robbery), 18 (extortion);
- Enhancements for value taken, weapon use, victim injury, role.
The most dangerous companion charge is 18 U.S.C. § 924(c) — possession of a firearm in furtherance of a Hobbs Act robbery. § 924(c) adds a mandatory consecutive minimum of:
- 5 years for possession;
- 7 years for brandishing;
- 10 years for discharge.
Multiple § 924(c) counts can stack consecutively — though the First Step Act of 2018 limited the "second or subsequent" stacking to convictions from separate cases.
Defenses
Insufficient Interstate Commerce Effect
Particularly in small-business cases. Document the lack of interstate operations or the de minimis impact.
No Force, Threat, or Fear
For private extortion. Mere persuasion, lawful business conduct, or contractual leverage is not extortion.
No "Color of Right"
For public corruption Hobbs Act. Defendant did not act in connection with official duties or did not actually have the official authority alleged.
Identification
Common defense in robbery cases. Eyewitness identification reliability, video evidence challenges, and alibi defenses.
Statute of Limitations
5 years under 18 U.S.C. § 3282.
Strategic Considerations
Hobbs Act cases often involve plea negotiation around § 924(c). The mandatory consecutive sentences are not subject to variance or substantial-assistance reductions. Defense priorities:
- Plea to the Hobbs Act count without § 924(c) — the difference is years of mandatory time;
- Argue for "use" rather than "brandish" or "discharge" — each level adds 2-3 years mandatory;
- Cooperate substantively to reduce sentence below the Hobbs Act guideline range;
- For color-of-right cases, McDonnell-based attacks on the official-act element.
What to Do If You Are Under Investigation or Charged
- Do not speak with federal agents — FBI, DEA, ATF, IRS-CI, HSI, USPS — without an attorney. Even small lies can become independent § 1001 charges.
- Do not destroy or alter records — destruction is obstruction under 18 U.S.C. § 1519, a 20-year felony.
- Preserve all communications — emails, texts, messaging apps, financial records — but do not delete anything.
- Do not contact witnesses or co-defendants — even social contact can become witness tampering.
- Engage federal defense counsel immediately — call (214) 466-1398. We are admitted in TXND and TXED.
Frequently Asked Questions
Can robbery of a small business be a Hobbs Act case?
Yes — the interstate commerce bar is low. The Supreme Court has accepted "depletion of assets" theory: any robbery that reduces a business's purchasing power for interstate goods affects commerce. Most retail businesses qualify.
What is "color of official right" extortion?
Extortion by a public official by virtue of office. The official need not threaten or affirmatively demand — passive acceptance of payments in connection with official action satisfies the element under Evans v. United States.
Why is the Hobbs Act used instead of state robbery charges?
Federal sentences are typically longer; § 924(c) firearm enhancements add mandatory consecutive time; multi-state patterns can be charged in a single federal indictment; and federal grand jury and discovery rules favor prosecutors in some respects.
What is § 924(c)?
18 U.S.C. § 924(c) — using or carrying a firearm during and in relation to a crime of violence (including Hobbs Act robbery) or drug trafficking crime. Adds a mandatory consecutive sentence of 5, 7, or 10 years on top of the underlying offense.
Can the Hobbs Act apply to non-violent extortion?
Yes — extortion under the Hobbs Act includes obtaining property by fear of economic loss as well as physical fear. The threat need not be physical.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing federal defense charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.