NYC Hobbs Act Lawyer
NYC Hobbs Act Lawyer: Aggressive Defense Against Federal Extortion and Robbery Charges
The Hobbs Act represents one of the federal government’s most powerful tools for prosecuting extortion, robbery, and interference with interstate commerce. Under 18 U.S.C. § 1951, federal prosecutors can charge individuals with crimes that might otherwise be handled at the state level, bringing the full weight of federal law enforcement to bear.
At Sosinsky Law, our federal criminal defense attorneys have successfully defended clients against Hobbs Act charges in New York’s federal courts for decades. We understand the complexities of these prosecutions and know how to build winning defenses.
If you’re facing Hobbs Act charges or are under investigation for alleged extortion or robbery affecting interstate commerce, the stakes couldn’t be higher. Federal convictions carry mandatory minimum sentences, asset forfeiture, and life-altering consequences that extend far beyond prison time.
Understanding the Hobbs Act: 18 U.S.C. § 1951
What is the Hobbs Act?
The Hobbs Act is a federal statute that criminalizes robbery and extortion that affects interstate or foreign commerce. Enacted in 1946, this law was originally designed to combat organized crime’s interference with labor disputes and interstate shipments.
Today, federal prosecutors have dramatically expanded its application. The Hobbs Act now encompasses everything from traditional robbery and extortion schemes to public corruption, bribery of public officials, and even certain labor disputes.
The Commerce Requirement
To secure a Hobbs Act conviction, prosecutors must prove that the alleged robbery or extortion affected interstate commerce. This requirement seems like it would limit the statute’s reach, but courts have interpreted it so broadly that nearly any criminal conduct can satisfy it.
The movement of goods across state lines, the use of products manufactured in another state, or even the potential impact on interstate commerce can be sufficient. In practice, this means federal prosecutors can federalize almost any robbery or extortion case they choose.
Types of Hobbs Act Violations
The statute defines two primary types of criminal conduct. Robbery under the Hobbs Act means unlawfully taking personal property from another person against their will by force, violence, or fear of injury.
Extortion is defined as obtaining property from another person with their consent induced by wrongful use of actual or threatened force, violence, or fear. This includes obtaining property under color of official right, which encompasses public corruption and bribery cases.
Common Hobbs Act Prosecution Scenarios
Street Robberies and Commercial Robberies
Federal prosecutors increasingly charge street robberies and commercial robberies under the Hobbs Act when they can establish an interstate commerce connection. Armed robberies of stores, banks, gas stations, or individuals carrying cash or merchandise can trigger federal charges.
These violent crime prosecutions often carry firearms enhancements under 18 U.S.C. § 924(c), which add mandatory minimum sentences of 5, 7, or 10 years depending on how the weapon was used.
Extortion by Private Individuals
Private extortion schemes involve threats to obtain money or property from victims. This can include threats of physical harm, threats to reveal embarrassing information, threats to damage property, or threats to harm someone’s business or reputation.
We’ve defended clients accused of extorting business owners, threatening competitors, and allegedly coercing payments through intimidation. These cases often involve disputed facts about who initiated contact and whether alleged threats were actually made.
Public Corruption and Bribery
Hobbs Act extortion “under color of official right” targets public officials who accept bribes or use their positions to obtain money or property. These prosecutions have ensnared elected officials, police officers, building inspectors, licensing officials, and other government employees.
The government doesn’t need to prove an explicit quid pro quo in these cases. Simply accepting payment while holding public office can be enough if the payment is connected to the official’s position, making these cases particularly dangerous for anyone in government service.
Labor Disputes and Union Activity
Though less common today, Hobbs Act prosecutions still target alleged violence or threats related to labor organizing, strikes, or union activities. We’ve represented union officials accused of threatening businesses or workers during labor disputes.
These cases require careful analysis of protected union activity versus criminal conduct, as legitimate labor organizing is constitutionally protected.
Severe Federal Penalties for Hobbs Act Convictions
Maximum Prison Sentences
A Hobbs Act conviction carries a maximum sentence of 20 years in federal prison. When the robbery or extortion involves assault, that maximum jumps to 25 years. When the offense results in a death, defendants can face life imprisonment.
These aren’t theoretical maximums. Federal judges regularly impose sentences measured in decades for Hobbs Act convictions, particularly when violence was involved or when defendants have criminal histories.
Mandatory Minimums for Firearms
When a firearm is used during a Hobbs Act offense, prosecutors typically charge violations of 18 U.S.C. § 924(c). This statute carries a mandatory minimum sentence of 5 years for possessing a firearm, 7 years for brandishing, and 10 years for discharging.
These sentences must run consecutively to the Hobbs Act sentence, meaning defendants face at least 25 years if convicted of both charges. Second or subsequent 924(c) convictions carry 25-year mandatory minimums.
Financial Penalties and Restitution
Beyond incarceration, Hobbs Act convictions result in substantial fines and mandatory restitution to victims. Courts can impose fines up to $250,000 for individuals and $500,000 for organizations.
Restitution orders require defendants to repay victims for all financial losses, including stolen property, medical expenses, lost wages, and psychological counseling costs. These orders can exceed hundreds of thousands of dollars.
Asset Forfeiture
Federal prosecutors routinely seek forfeiture of property connected to Hobbs Act violations. This includes proceeds from the offense, property used to facilitate the crime, and even real estate where planning occurred.
We’ve successfully fought forfeiture actions to protect clients’ homes, vehicles, and legitimate business assets from government seizure.
Powerful Defense Strategies Against Hobbs Act Charges
Challenging the Interstate Commerce Element
One of our most effective defense strategies attacks the interstate commerce requirement. Prosecutors must prove beyond a reasonable doubt that the alleged conduct actually affected interstate commerce.
We’ve won dismissals by demonstrating that the government’s commerce theory is too speculative, remote, or unsupported by evidence. When the alleged impact on commerce is minimal or theoretical, we force prosecutors to prove their case or abandon it.
Disproving Intent to Commit Extortion
Hobbs Act extortion requires proof of specific intent to obtain property through wrongful threats. Many cases involve business disputes, debt collection, or negotiations that prosecutors mischaracterize as extortion.
We work with clients to reconstruct events, showing that alleged threats were legitimate business communications, debt collection efforts, or expressions of frustration rather than criminal extortion. Context matters enormously in these cases.
Establishing Lack of Force or Fear
For robbery charges, we challenge whether force, violence, or fear was actually used. Video evidence, witness testimony, and physical evidence often contradict the government’s narrative.
We’ve successfully defended clients by showing that property was voluntarily transferred, that no threats were made, or that alleged victims consented to the transaction.
Exposing Government Overreach
Federal prosecutors often overcharge Hobbs Act cases, particularly when dealing with conduct that belongs in state court. We’ve successfully argued for dismissal or transfer to state court when the federal interest is minimal and the commerce connection is contrived.
Defending Against Related Federal Charges
Hobbs Act Conspiracy Charges
Prosecutors frequently charge conspiracy to commit Hobbs Act violations under 18 U.S.C. § 1951. Conspiracy charges allow the government to prosecute individuals who agreed to commit extortion or robbery even if the substantive offense was never completed.
We attack conspiracy charges by demonstrating lack of agreement, withdrawal from the conspiracy, or that our client was engaged in legitimate business activity mischaracterized as criminal.
RICO and Organized Crime Charges
When Hobbs Act violations are alleged to be part of a pattern of racketeering, prosecutors may charge violations of the Racketeer Influenced and Corrupt Organizations Act. RICO charges exponentially increase potential sentences and allow prosecutors to introduce evidence of other alleged crimes.
Our attorneys have extensive experience defending RICO cases and understand how to challenge the government’s pattern theories and organizational allegations.
Money Laundering Charges
When proceeds from alleged Hobbs Act violations are deposited in banks, transferred electronically, or used to purchase property, prosecutors often add money laundering charges. These charges can double the prison exposure and complicate the defense.
We challenge money laundering charges by demonstrating that transactions were legitimate business activities or that the government cannot prove the funds were proceeds from unlawful activity.
Federal Firearms Charges
Beyond 924(c) charges for using firearms during Hobbs Act offenses, prosecutors may charge illegal firearms possession, particularly for defendants with prior convictions. Our team has successfully defended numerous federal firearms cases by challenging gun possession evidence and asserting constitutional defenses.
The Sosinsky Law Approach to Hobbs Act Defense
Immediate Investigation and Evidence Preservation
When we take on a Hobbs Act case, we immediately begin our own investigation. We interview witnesses, review surveillance footage, examine financial records, and reconstruct events to build the strongest possible defense.
Time is critical. Evidence disappears, witnesses’ memories fade, and surveillance footage gets deleted. Our rapid response has saved cases that would have been lost with delayed action.
Experienced Federal Trial Lawyers
Our attorneys have tried dozens of federal cases, including complex white collar prosecutions and violent crime cases. We know how to select juries, cross-examine federal agents, and present compelling defense cases.
Many attorneys never try federal cases. We do it regularly and successfully.
Former Federal Prosecutors
Several of our attorneys previously worked as federal prosecutors, giving them invaluable insight into how the government builds Hobbs Act cases. They know the weaknesses prosecutors look for and how to exploit them.
This insider knowledge has resulted in numerous dismissed charges, acquittals, and favorable plea agreements for our clients.
Pre-Indictment Intervention
If you’re under investigation but haven’t been charged yet, we can sometimes prevent indictment by presenting evidence to prosecutors showing why charges aren’t warranted. We’ve successfully convinced prosecutors to decline prosecution in numerous cases.
Even when charges can’t be avoided, pre-indictment representation often results in more favorable charging decisions and better negotiating positions.
Take Action to Protect Your Freedom
Hobbs Act charges represent serious federal felonies with devastating consequences. Every day you wait to secure experienced legal representation makes defending your case more difficult.
Contact Sosinsky Law Today
If you’re under investigation or have been charged with Hobbs Act violations in New York, contact our office immediately for a confidential consultation. We’ll review your case, explain your options, and begin building your defense.
Don’t Face the Federal Government Alone
Federal prosecutors have unlimited resources, experienced agents, and years to build their cases. You need a defense team with the skill, experience, and determination to fight back effectively.
As your NYC Hobbs Act lawyer, we’ll stand between you and federal prosecution. We’ll challenge the evidence, expose weaknesses in the government’s case, and fight for the best possible outcome.
Frequently Asked Questions About Hobbs Act Charges
Can I be charged under the Hobbs Act for actions that took place entirely within New York?
Yes, federal prosecutors can charge Hobbs Act violations even when all criminal conduct occurred within New York, as long as the robbery or extortion affected interstate commerce in any way. Courts have interpreted the commerce requirement extremely broadly, finding that the use of items manufactured in other states, the potential impact on businesses engaged in interstate commerce, or even the depletion of a victim’s assets that could have been used in interstate commerce can satisfy this element. This expansive interpretation means that nearly any robbery or extortion can potentially be prosecuted federally rather than in state court.
What is the difference between Hobbs Act extortion and simple robbery or theft?
Hobbs Act extortion involves obtaining property from another person with their consent, but that consent is induced through wrongful use of threatened or actual force, violence, or fear, while robbery involves taking property against the victim’s will through force or fear of immediate injury. The key distinction is that extortion involves the victim’s coerced “consent” to turn over property due to threats of future harm, whereas robbery involves taking property without consent through immediate force or fear. Both are federal felonies under the Hobbs Act when they affect interstate commerce, but they require proof of different elements and often involve different fact patterns.
Can public officials be charged under the Hobbs Act for accepting gifts or payments?
Yes, public officials can be charged with Hobbs Act extortion “under color of official right” for accepting bribes, kickbacks, or improper payments related to their official positions. Federal prosecutors don’t need to prove an explicit quid pro quo agreement between the payment and a specific official act, though recent Supreme Court decisions have somewhat narrowed this theory. Any public official who accepts money or property knowing it’s given because of their official position can potentially face Hobbs Act charges, making it critical for government employees facing investigation to contact an experienced federal criminal defense attorney immediately to protect their rights.
Your Defense Starts Now
Hobbs Act charges are among the most serious federal crimes prosecuted in New York. Your defense requires experienced federal criminal defense attorneys who know how to win.
Call Sosinsky Law today. Your freedom and your future depend on the decisions you make right now.