Federal Hobbs Act Lawyer

Federal Hobbs Act Attorney

To be accused of a violation of the Hobbs Act – a law often cited by prosecutors in serious crimes – can turn your life around. Whether it is allegations of extortion, robbery, or corruption, the charges carry severe punishments. However, you don’t have to deal with it alone. A Federal Hobbs Act lawyer can help you fight for your future with the legal assistance you need. For broader support, a Miami federal criminal defense lawyer can provide the expertise required to navigate complex federal charges

Why Choose Barry M. Wax?

By choosing Barry M. Wax PLLC, you have a dedicated legal team who is skilled in federal prosecutions, including Hobbs Act prosecutions. We know federal law and the prosecutor’s tactics, so we can develop effective defenses for your case. Our law firm proudly provides you with honest communication, relentless advocacy, and comprehensive legal experience so that you get the greatest representation possible.

What Is the Hobbs Act?

The Hobbs Act is a federal statute aimed at stopping robbery, extortion, and other crimes that affect interstate or foreign commerce. It authorizes federal officials to prosecute offenses involving force, threat, or coercion when those offenses affect the circulation of goods or services at the state or national level.

The Hobbs Act gives the federal government authority over what would otherwise be subject to state law and is often a tool used against organized crime, corruption, and other criminal violations.

The Hobbs Act is quite expansive, extending not just to robbery or extortion but also to any conduct that inhibits or impedes trade through immoral means. These include offenses such as labor racketeering, in which union officials threaten to extort funds or concessions, or extortion, in which officials demand bribes for special favors.

Common Hobbs Act Offenses

The Hobbs Act can be vague, covering a wide range of different offenses. Some of the most common offenses include:

• Robbery. This involves armed robbery, threats of violence, or use of violence towards businesses that are involved in commerce, such as gas stations.
• Extortion. This involves coercing a person or organization to give you their property through violence or threats of such. This can also include demanding money in exchange for protection. In addition, if a public figure accepts bribes in exchange for some benefit, this can also be classified as extortion.
• Racketeering. This occurs when officials use violence or the threat of such in order to take money or other bribes from their workers. An example of this would be demanding bribes from employees in exchange for job security.

Penalties for Hobbs Act Violations

Violating the Hobbs Act in Miami, FL, can come with stiff penalties.. If convicted, a person can spend years in federal prison on top of other consequences. The sentence is usually dependent on the nature of the offense, whether or not the offender was violent during the act, and the impact on victims. Apart from jail time, offenders face incredibly hefty fines.

The courts can also impose restitution, ordering the perpetrator to pay the victims for damages they suffered. A conviction will go on someone’s record forever, and that will cause consequences over the years, such as problems getting jobs, homes, or professional credentials. If there are multiple charges or aggravating factors, penalties can increase in severity.

Common Defenses Against Hobbs Act Charges

Defending against Hobbs Act charges takes a skilled attorney who is well-versed in federal law. A lawyer would have to examine the details of each specific case to build a defense appropriate for the unique situation. Some common defenses against Hobbs Act charges include:

• There was no obstruction of interstate commerce. A prosecutor must prove that your actions prevented, hindered, or obstructed interstate commerce. A defense attorney can argue that this fact is not present.
• Lack of evidence. Common to other cases, sufficient evidence must be present to help prove that a crime has occurred. An attorney can reveal any weaknesses or deficiencies in this area.
• Missing factors. In order to prove a violation of the Hobbs Act has occurred, certain factors must be present. An attorney can argue that these factors are missing, including the perpetrator not using force or violence, the defendant did not actually attempt to rob or extort, or the victim did not suffer any loss.
• Mistaken identity. This defense is common in cases that rely mostly or solely on eyewitness testimony. In court, eyewitness testimony is generally believed to be unreliable. An attorney can point out the unreliability of the testimony and show that the identity of the perpetrator was mistaken.

FAQs

Q: How Long Do You Go to Jail for the Hobbs Act?

A: A Hobbs Act conviction can carry a maximum prison sentence of 20 years per violation. That duration will vary depending on the details of the case, including if it was violent, how serious the crime was, and if there is a criminal record. Multiple felonies or aggravating circumstances can result in longer sentences.

Q: What Is a Violation of The Hobbs Act?

A: It is a felony under the Hobbs Act when an individual robs, extorts, or uses coercion to interfere with interstate or foreign commerce. The tactics include making threats of payment (extortion) or forcing items out of a company (robbery). Public servants who insist on bribes in return for preferential treatment are also in violation of the act.

Q: Is the Hobbs Act Still in Effect?

A: Yes, the Hobbs Act remains in effect and is enforced in federal courts. It remains a vital tool for prosecuting robbery, extortion, and corruption crimes, particularly those that have an effect on interstate or foreign trade. Federal prosecutors frequently invoke the Hobbs Act when tackling organized crime, public corruption, and labor racketeering.

Q: What Is the Sentence for Conspiracy to Commit the Hobbs Act?

A: A conspiracy to commit a Hobbs Act violation can result in the same penalties as the offense itself, including 20 years per count in prison. Penalties will vary based on factors such as the nature of the conspiracy, the level of harm, and the defendant’s participation. Even if the crime is not executed, planning it is punishable under federal law.

Contact The Law Offices of Barry M. Wax Today

If you are facing charges in violation of the Hobbs Act, you can fight for your rights and freedom. The Law Offices of Barry M. Wax can help. Contact us today to get started.