A Hobbs Act robbery charge is a federal prosecution alleging that someone unlawfully took or attempted to take property through actual or threatened force, violence or fear in a way that affected interstate commerce. In Memphis, that can turn a holdup at a business, gas station or store into a matter for federal court instead of state court.
Why a local robbery can become a federal case
For a Hobbs Act robbery involving a business, the Sixth Circuit generally requires only a de minimis connection to interstate commerce. The government does not necessarily have to prove that the robbery actually disrupted interstate commerce, but it must establish the required commerce connection. For example, the Sixth Circuit has found the required connection when a robbed business buys or sells goods across state lines.
That distinction can matter because many people do not expect a neighborhood holdup to end up in federal court.
What can make the charge more serious?
Additional federal charges can substantially increase the potential penalties and legal issues in the case. A separate charge under 18 U.S.C. § 924(c) may also apply when the government alleges that a defendant used, carried or possessed a firearm in connection with a qualifying crime of violence.
If convicted, § 924(c) generally carries a mandatory minimum consecutive sentence, with higher minimums when the firearm was brandished or discharged. The case may involve additional charges or evidence issues, including:
- Allegations that a weapon was used or displayed
- Allegations involving multiple defendants or a conspiracy
- Surveillance video or cellphone evidence
- Statements made to federal agents
- Disputes over identity or the interstate-commerce requirement
These issues can affect both the possible sentence and the defense strategy.
Evidence and the indictment can affect the defense
Depending on the evidence and charges, the defense may examine identification procedures, statements to law enforcement, searches and seizures or the government’s evidence of an interstate-commerce connection.
The charges included in the indictment can significantly affect the potential penalties and the issues the defense must address. A lawyer can assess whether the government overcharged the matter or relied on a thin commerce theory to elevate a local allegation into a federal felony.
