Hobbs Act Robbery in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

What the Government Must Prove (Pattern Instr. O70.3)

(Elements)

1. The defendant knowingly acquired someone else's personal property.
2. The defendant took the property against the victim's will, by using actual or threatened force or violence, or by causing the victim to fear harm, either immediately or in the future.
3. The defendant's actions obstructed, delayed, or affected interstate commerce.

Key definitions from the instruction:

• Property includes money, tangible things of value, and intangible rights that are a source or element of income or wealth.
• Fear means a state of anxious concern, alarm, or anticipation of harm, and includes fear of financial loss as well as fear of physical violence.
• Interstate commerce is the flow of business activities between one state and anywhere outside that state.

The Commerce Element

The Government does not have to prove the defendant intended to affect interstate commerce. It must prove that the natural consequences of the acts would be to delay, interrupt, or affect interstate commerce in some way. Under the instruction, any effect at all is enough, and the effect can be minimal. The statute's robbery definition also reaches threats to family members or to anyone with the victim at the time.

Attempts and conspiracies are covered, as is committing or threatening physical violence in furtherance of a plan to violate the law. In sting cases, the robbery target may not even exist; the commerce element can still be charged.

Penalty: up to 20 years per count.

Hobbs Act Robbery and § 924(c)

If a gun is involved, prosecutors may add a § 924(c) count, with consecutive minimums of 5, 7, or 10 years or more. Whether the Hobbs Act count qualifies as a "crime of violence" matters: courts in this circuit have treated completed Hobbs Act robbery as one, while the U.S. Supreme Court has held that attempted Hobbs Act robbery does not qualify, and this circuit has held that Hobbs Act conspiracy does not qualify. Courts decide this by looking at the elements of the offense, not the facts of the case. See Federal 924(c) Gun Charges.

Robbery vs. Extortion

The Hobbs Act also covers extortion, meaning obtaining property with the victim's consent induced by force, violence, or fear, or under color of official right. See Extortion & Bribery.

Defense Themes

• Identification. Video quality, lineups, and cell-site evidence deserve close review.
• Force or fear. Whether the property was taken against the victim's will by force, violence, or fear.
• Whose property? The Government must prove the property belonged to someone else.
• Commerce. The effect can be minimal, but it still must be proven.
• Charged as an attempt or conspiracy? That can change the § 924(c) analysis.
• Sting cases. Who came up with the plan? See Reverse Stings.

What to Do First

1. Don't talk to agents or co-defendants about the case.
2. Prepare for the detention hearing.
3. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Why is a store robbery a federal case?

Because robbing a business that buys or sells goods across state lines can affect interstate commerce, and the Hobbs Act reaches robberies with even a minimal effect on commerce.

Can I be charged in both state and federal court?

The same conduct can lead to state charges, federal charges, or both. See Robbery & Carjacking.

Is the penalty different if it was only an attempt?

The maximum is the same, up to 20 years, but an attempt may not support a § 924(c) gun count.