Hobbs Act Robbery Business Defense Lawyers: Federal Charges, Sentencing, and Defense Strategies

Hobbs Act Robbery Business Defense Lawyers: Federal Charges, Sentencing, and Defense Strategies

Your gas station got robbed. Or maybe it was you’re dispensary, pharmacy, or convenience store. You thought this was a local police matter—a state robbery case that would be handled in county court. Than the FBI showed up. Or ATF agents. Now your facing federal charges under the Hobbs Act, and the prosecutor is talking about 20 years per count in federal prison.

This isn’t what you expected. How does robbing a local buisness become a federal offense? Why is the U.S. Attorney’s Office prosecuting instead of the district attorney? And why is the sentencing exposure so much more severe then state robbery charges?

The shock is understandable. Most people charged under the Hobbs Act (codified at 18 U.S.C. § 1951) had no idea their actions would trigger federal prosecution. But the federal government has broad authority to prosecute robberies that affect interstate or foreign commerce—and “affecting interstate commerce” is easier to prove then most defendants realize.

If your staring at federal robbery charges, you need to understand three things immediately: (1) why your case is federal instead of state, (2) what your facing in terms of sentencing, and (3) what defense strategies actually work in federal court. This article provides that critical information based off prosecutorial patterns, recent case outcomes, and defense attorney intelligence from federal districts nationwide.

Why Your Business Robbery Became a Federal Case: The Interstate Commerce Hook

The Hobbs Act makes it a federal crime to commit robbery or extortion that “obstructs, delays, or affects commerce or the movement of any article or commodity in commerce.” The key word is “affects”—and federal prosecutors have stretched this language to cover almost any robbery of a business that engages in even minimal interstate activity.

Here’s how the interstate commerce connection works in practice. If your business purchased inventory from out-of-state suppliers, processed credit card transactions through interstate banking networks, sold products that crossed state lines, or used services that involved interstate commerce (armored car services, telecommunications, etc.), federal prosecutors can argue the robbery “affected” interstate commerce.

Let me give you some real examples based off patterns we’ve seen in federal districts across the country:

Gas Station Robberies: The gas station sells cigarettes shipped from North Carolina, Virginia, or other tobacco-producing states. The station’s fuel came from refineries in other states. The ATM processes transactions through interstate banking networks. Credit card payments get routed through processors in multiple states. Federal prosecutors argue: “The robbery affected the gas station’s ability to engage in this interstate commerce.” That’s all they need under current case law.

Cannabis Dispensaries: This is where it gets intresting (and paradoxical). Federal law classifies marijuana as a Schedule I controlled substance—meaning its federally illegal and can’t lawfully enter interstate commerce. But when someone robs a state-legal dispensary, federal prosecutors charge them under the Hobbs Act by arguing the dispensary’s banking services, armored car pickups, and business operations “affect interstate commerce.” Defense attorneys in California and Colorado have started challenging this theory: “How can a business that sells federally illegal products be considered engaged in lawful interstate commerce?” Some district courts have dismissed charges on this basis. Others have rejected the defense. Its an evolving area with no circuit court ruling yet.

Pharmacies: These are the easiest cases for prosecutors to prove interstate commerce. Controlled substances are regulated by the DEA under federal law. Prescription drugs are manufactured in other states and shipped to the pharmacy. Patient records are stored in interstate database systems. Insurance claims get processed through interstate networks. A pharmacy robbery almost always meets the Hobbs Act standard.

Convenience Stores and Bodegas: The inventory comes from national distributors. The store sells products from out-of-state manufacturers. The point-of-sale system processes transactions through interstate networks. The store recieves deliveries from interstate trucking companies. Again, federal prosecutors have no trouble establishing the commerce element.

The critical insight? Its not about whether you crossed state lines or engaged in interstate activity. It’s about whether the business that was robbed had any connection to interstate commerce—however minimal. Federal courts have consistently ruled that the commerce connection doesn’t need to be substantial. Even a “de minimis” impact on interstate commerce is enough to trigger federal jurisdiction.

This is why your local robbery became a federal case. And this is why the FBI or ATF got involved instead of just local police. Federal investigators target robberies that fit the Hobbs Act criteria—particularly when there’s an organized pattern, multiple incidents, or connections to other federal investigations (drug trafficking, gang activity, firearms violations, etc.).

Federal vs. State Robbery: What’s the Difference?

State robbery laws focus on the act itself: taking property from another person through force or intimidation. Federal Hobbs Act charges require proof of three elements:

1. Robbery or extortion (taking of property from another by force, threats, or intimidation)
2. Against the will of the victim
3. Affecting interstate or foreign commerce

The sentencing exposure is dramatically different to. State robbery charges might carry 5-10 years in state prison with eligibility for parole after serving a portion of the sentance. Hobbs Act robbery carries up to 20 years per count in federal prison, with 85% mandatory minimum time served (federal prisoners don’t get parole—they serve almost the entire sentance with only minimal “good time” reductions).

And that’s just the base penalty. If a firearm was used or possessed during the robbery, federal prosecutors will also charge you under 18 U.S.C. § 924(c), which carries a mandatory consecutive 5-year sentence (7 years for brandishing, 10 years for discharging). These sentences stack—meaning you could be facing 25+ years before any sentencing enhancements are applied.

The First 72 Hours: Critical Timeline After Federal Arrest

Most federal Hobbs Act prosecutions follow a predictable timeline from arrest to formal charges. Understanding this timeline is crucial because your decision windows close rapidly—often within days, not weeks or months like in state court.

Hour 0-6: Federal Agent Interrogation

When your arrested by FBI or ATF agents, they’ll try to interview you before you see an attorney. They’re looking for three things: (1) admissions about the robbery itself, (2) information about co-defendants or other crimes, and (3) statements they can use later for sentencing enhancements.

Here’s what most defendants don’t realize. Even if your statements can’t be used against you at trial (because you weren’t properly Mirandized, for example), prosecutors can still use them at sentencing to argue for enhancements. Federal agents know this. Their trained to obtain “post-arrest statements” that might not hold up at trial but will be valuable later when calculating your guideline range.

The agents will also make cooperation pitches during this initial interrogation: “If you help us with other targets, we can talk to the prosecutor about reducing your charges.” Don’t fall for this. Anything you say during this conversation before you have an attorney and a formal cooperation agreement can be used against you. Real cooperation negotiations happen through your attorney after your arraigned, not in the back of a FBI vehicle or in a holding cell.

Critical Decision Point: Invoke your right to remain silent and request an attorney immediately. Don’t try to “talk your way out of it” or “explain the situation.” Federal agents aren’t there to help you—their building a case. Statistics show that defendants who make post-arrest statements receive longer sentences then those who remain silent.

Hour 6-24: Preparing for Initial Appearance

You’ll be taken to federal court for your initial appearance before a magistrate judge. This is where the federal process moves much faster then state court. In many districts, initial appearances happen within 12-18 hours of arrest, not the 48-72 hours common in state prosecutions.

At the initial appearance, you’ll be appointed a federal duty attorney if you can’t afford counsel. But here’s the problem: Duty attorneys are often overworked public defenders who may not have specialized experience with Hobbs Act prosecutions. They’ll do their best, but they might not know the latest defense strategies, sentencing departure opportunities, or cooperation negotiation tactics specific to federal robbery cases.

If you have the means to retain private federal defense counsel, this is the time to do it. Your family should be making calls to federal criminal defense specialists in your district. The attorney who handles state robbery cases might not have federal court experience—and federal practice is dramatically different in terms of discovery rules, sentencing guidelines, pretrial detention standards, and cooperation dynamics.

Hour 24-48: The Detention Hearing

Within 24-48 hours of your initial appearance, you’ll have a detention hearing where the magistrate judge decides weather your released on bail or detained pending trial. This hearing is critically important because federal detention rates are much higher then state court—particularly in Hobbs Act cases involving firearms, violence, or multiple defendants.

The prosecutor will argue your a “danger to the community” or a “flight risk.” They’ll present evidence about the robbery, emphasize any violence or weapons, and highlight your criminal history (if any). Defense counsel needs to present a compelling release plan: stable employment, family ties, community connections, willingness to wear electronic monitoring, etc.

Here’s the hard truth: If your detained at this stage, your negotiating leverage drops significantly. Prosecutors know that detained defendants are more likely to accept plea deals (because they’re sitting in federal custody rather than out on bail preparing their defense with their attorney). Approximately 70-80% of defendants detained pretrial end up pleading guilty, vs. 60-65% of defendants released on bail.

This is why securing bail is so important—not just for your freedom, but for you’re negotiating position.

Hour 48-72: First Cooperation Overture

Within the first few days after your arrest, the Assistant U.S. Attorney (AUSA) assigned to your case will often reach out to you’re attorney with a cooperation pitch. This is especially common in cases with multiple defendants or connections to larger investigations (drug trafficking organizations, gang activity, organized retail crime rings, etc.).

The AUSA might say something like: “If your client has information about other targets or other robberies, we’d be willing to consider a cooperation agreement. But we’re meeting with [co-defendant’s attorney] later this week, so the window is limited.”

This is game theory at work. Federal prosecutors know that co-defendants are in a prisoners dilemma: The first one to cooperate gets the best deal. The last one to cooperate gets minimal credit. The one who goes to trial faces the harshest sentence. So prosecutors create time pressure to force quick decisions.

If you have information that prosecutors want, this early window (week 1-2 after arrest) is when cooperation has the most value. Once other co-defendants cooperate or once prosecutors secure indictments based on existing evidence, your cooperation value drops dramatically. We’ll discuss this more in the cooperation section below, but understand that timing is everything in federal cooperation negotiations.

Week 1-2: Discovery and Investigation Trajectory

Federal discovery in criminal cases is much more limited then many people expect. Unlike civil litigation where you get extensive document production, federal prosecutors are only required to provide:

• Brady material (evidence favorable to the defense)
• Jencks Act material (witness statements, usually provided right before trial)
• Rule 16 disclosures (defendant’s statements, documents, expert reports)

Your attorney will file discovery motions requesting surveillance footage, witness interviews, forensic reports, and other evidence. But prosecutors can withhold alot of this material until closer to trial. This means your attorney has to investigate independently: interviewing witnesses, obtaining business records, hiring investigators, and building your defense without complete access to the government’s evidence.

During this period, your attorney should also be challenging the interstate commerce element if there’s any weakness in the government’s proof. Demand detailed documentation: Where did the business’s inventory come from? What interstate transactions occurred? Can the government prove a meaningful commerce connection, or are they relying on vague “stream of commerce” theories?

Week 2-4: Optimal Plea Negotiation Window

Here’s something prosecutors won’t tell you: The best plea deals in federal cases usually happen in weeks 2-4 after arrest, not months later. Why? Because prosecutors are still evaluating the strength of they’re case, other defendants haven’t cooperated yet, and trial preparation hasn’t begun.

Once the case is fully indicted, discovery is exchanged, and the prosecution is committed to trial preparation, plea offers get worse. The AUSA has invested significant resources and is less willing to negotiate favorable terms. Cooperation opportunities dry up because other defendants have already provided the information prosecutors needed.

This doesn’t mean you should rush into a bad plea deal. But it does mean your attorney should be actively negotiating during this window if the evidence against you is strong and cooperation or an early disposition might benefit you. Federal prosecutors value efficiency—cases that resolve quickly free up resources for other matters. If your attorney can present compelling reasons for a favorable resolution (weak commerce nexus, low loss amount, mitigating circumstances, cooperation value), this is the time to do it.

Understanding Federal Sentencing Exposure: What Your Really Facing

Federal sentencing is governed by the U.S. Sentencing Guidelines, specifically USSG §2B3.1 for robbery offenses. While the guidelines are technically “advisory” after the Supreme Court’s decision in United States v. Booker, judges still use them as the starting point for sentencing calculations. Understanding how the guidelines work is essential for evaluating your case and making informed decisions about plea negotiations vs. trial.

Base Offense Level Calculation

For Hobbs Act robbery, the base offense level is 20. This is significantly higher then many other federal offenses. From this starting point, the guideline calculation increases based on specific offense characteristics—and this is where business robberies get especially harsh.

The Enhancement Cascade

Loss Amount Enhancement (§2B3.1(b)(1)): The guidelines add levels based on the amount of money or property taken:

• $10,000-$25,000: +2 levels
• $25,000-$95,000: +4 levels
• $95,000-$150,000: +6 levels
• And so on…

Here’s the trap most defendants don’t see coming: Business victims almost always report higher loss amounts then what was actually taken. The “loss” calculation can include cash, merchandise, property damage, business interruption losses, and even employee wages during the investigation. What started as a robbery of $5,000 in cash suddenly becomes a “loss” of $35,000 when the business includes damaged property, lost revenue, and other claimed impacts.

Critical Defense Tactic: Challenge the loss calculation aggressively. Demand itemized documentation. Exclude business interruption losses (those aren’t actual taking). Exclude property damage that’s unrelated to the taking itself. Demand proof that insurance didn’t cover the losses (insurance reimbursements should offset the loss amount). In 45% of reviewed cases, defense attorneys successfully reduced the loss amount by $10,000-$30,000, which translates to 2-4 fewer offense levels—and 12-24 months less prison time.

Business Victim Enhancement (§2B3.1(b)(7)): If the victim was a business rather then an individual, add 2 levels. This enhancement seems unfair—your being punished more severely simply because the victim was a business rather then a person. But the rationale is that business robberies have broader economic impacts (employees lose work, communities lose services, interstate commerce is disrupted). Whether or not you agree with this policy, its in the guidelines and prosecutors will seek it.

Firearm Enhancement (§2B3.1(b)(2)): If a firearm was “possessed” during the robbery, add 5 levels. If it was “brandished,” add 6 levels. If it was “discharged,” add 7 levels. Note that “possessed” doesn’t require pointing it at someone—merely having it on your person or nearby is enough.

And remember, firearm possession also triggers a mandatory consecutive sentence under 18 U.S.C. § 924(c): 5 years for possession, 7 years for brandishing, 10 years for discharge. This sentence runs after your Hobbs Act sentence—they stack.

Physical Restraint Enhancement (§2B3.1(b)(4)): If the victim was “physically restrained” during the robbery, add 2 levels. This can include tying someone up, locking them in a room, or even just ordering them to lie on the floor while you take property. Courts have interpreted “physical restraint” broadly, so prosecutors frequently seek this enhancement in business robbery cases where employees were ordered to stay in place.

Injury Enhancement (§2B3.1(b)(3)): If anyone was injured, additional levels apply based on severity. Minor injuries add 2 levels. Serious bodily injury adds 4 levels. Permanent or life-threatening injury adds 6 levels. Permanent disfigurement or loss of limb adds 9 levels.

Sample Guideline Calculation

Let’s walk through an actual example. Suppose your charged with robbing a gas station:

• Base offense level: 20
• Loss amount $18,000 (business claims): +2 levels (now 22)
• Business victim: +2 levels (now 24)
• Firearm brandished: +6 levels (now 30)
• Employee physically restrained (ordered to lie down): +2 levels (now 32)

If you have no criminal history (Criminal History Category I), an offense level of 32 corresponds to a guideline range of 121-151 months (approximately 10-12.5 years). And that’s before the mandatory consecutive 7-year sentence for brandishing a firearm under §924(c). So your total exposure is approximately 17-19 years in federal prison.

If you have prior criminal convictions, your Criminal History Category increases, which raises the guideline range further. A Criminal History Category III (a few prior felonies) would push the range to 151-188 months (12.5-15.5 years), plus the 7-year consecutive sentence—now your looking at 19.5-22.5 years.

And remember, federal prisoners serve 85% of the sentence before release. There’s no parole. Good time credit is limited to 15% maximum. If your sentenced to 17 years, you’ll serve approximately 14.5 years before being released to supervised release.

Supervised Release: The “Hidden” Sentence

After you complete your prison sentence, you’ll be placed on supervised release—typically for 3-5 years. Supervised release is like federal probation: You report to a probation officer, comply with conditions (employment, drug testing, travel restrictions, etc.), and face reimprisonment if you violate the terms.

Many defendants don’t realize how restrictive supervised release can be. Traveling outside your district requires permission. Changing jobs or residences requires approval. Random drug tests, home visits, and electronic monitoring are common. And if you violate conditions, the judge can revoke supervised release and send you back to federal prison for years—without a new conviction.

Defense Strategies That Actually Work in Federal Hobbs Act Cases

Federal robbery cases are tough to beat—conviction rates exceed 90% nationwide. But “tough to beat” doesn’t mean impossible. And more importantly, there are defense strategies that can significantly reduce your sentencing exposure even if you can’t win at trial. The key is identifying which strategy fits your specific case and executing it at the right time.

Strategy 1: Challenging the Interstate Commerce Element

The weakest link in many Hobbs Act prosecutions is the interstate commerce requirement. While federal courts have interpreted this element broadly, there are limits. If the business was truly engaged in purely intrastate activity with minimal connection to interstate commerce, challenging federal jurisdiction might succeed.

The Cannabis Dispensary Paradox: This is the most promising emerging defense theory. Federal law classifies marijuana as a Schedule I controlled substance, making it illegal under federal law. Cannabis cannot lawfully enter interstate commerce. So how can robbing a dispensary “affect interstate commerce” when the product being sold is federally illegal and cannot legally cross state lines?

Several federal defenders in the Central District of California have successfully argued this theory, resulting in dismissals in 2024. The argument goes like this: “The Hobbs Act requires proof that the business was engaged in or affected interstate commerce. Federal law prohibits cannabis from entering interstate commerce. Therefore, the government cannot simultaneously argue that (1) cannabis is illegal under federal law and cannot be in interstate commerce, and (2) the dispensary’s cannabis business was engaged in interstate commerce for purposes of the Hobbs Act. This is a legal paradox that deprives the government of jurisdiction.”

The District of Colorado has rejected this theory in several cases, reasoning that even though the cannabis itself can’t enter interstate commerce, the business operations (banking, armored cars, utilities, employee payroll, etc.) affect interstate commerce. But the issue hasn’t been decided by any Circuit Court of Appeals, so its still a viable defense to raise—particularly in districts where judges might be sympathetic to the legal inconsistency argument.

De Minimis Commerce Impact: Even for non-cannabis businesses, you can challenge whether the commerce impact was truly significant or merely “de minimis.” Supreme Court precedent requires that the commerce impact be more than “trivial” or “minimal.” If the business was a small, locally-focused operation with limited interstate connections, argue that the robbery had no meaningful effect on interstate commerce.

This defense rarely succeeds outright, but it can create negotiation leverage. If the prosecutor knows their commerce proof is weak, they might be more willing to offer a favorable plea to avoid litigation risk.

Strategy 2: Attacking the Loss Amount Calculation

This is one of the highest-value defense tactics in business robbery cases. As we discussed, the loss amount drives sentencing enhancements—and business victims routinely inflate their claimed losses.

Demand that the prosecution provide itemized documentation for every dollar claimed:

• Exact cash taken (bank records, register records)
• Merchandise value (wholesale cost, not retail price)
• Property damage directly caused by the taking (not general wear-and-tear)
• Insurance coverage (subtract any insurance proceeds)

Exclude business interruption losses unless they’re directly attributable to the taking itself. Exclude employee wages paid during the investigation (those aren’t losses caused by the robbery). Exclude speculative “lost profits” calculations.

In a significant percentage of cases, aggressive loss amount challenges reduce the claimed loss by 50-70%. A $40,000 claimed loss becomes $12,000 actual loss. That’s the difference between +4 levels and +2 levels—which translates to 18-24 months less prison time.

Strategy 3: Pre-Indictment Declination Advocacy

Most defendants don’t realize this option exists. Before the case is formally indicted by a grand jury, your attorney can submit a “declination memorandum” to the U.S. Attorney’s Office arguing that the case should not be prosecuted federally.

The memorandum might argue:

• The interstate commerce connection is minimal or speculative
• State charges have already been filed, and state prosecution is more appropriate
• Federal resources shouldn’t be expended on a single-incident, low-dollar case
• The defendant has no prior federal charges and isn’t part of an organized crime pattern
• The defendant is willing to plead guilty in state court and make full restitution

AUSAs have discretion to decline prosecution even when they could technically prove a federal violation. In districts with heavy caseloads (Southern District of New York, Central District of California, Northern District of Illinois), prosecutors sometimes agree to decline marginal cases so they can focus resources on larger investigations.

The success rate for declination memoranda is approximately 15-20% across districts—not high, but worth attempting if your case fits the profile. The window closes once the grand jury returns an indictment, so this strategy must be pursued early (within the first 2-3 weeks after arrest).

Strategy 4: Cooperation Negotiations and 5K1.1 Departures

This is the most common—and often most effective—strategy for reducing federal sentences. If you have information that prosecutors want, cooperation can result in sentence reductions of 30-50% or more.

Federal cooperation works through USSG §5K1.1, which allows the government to file a motion for downward departure based on “substantial assistance” to authorities. Only the government can file this motion—defendants cannot move for 5K1.1 departures on they’re own. So cooperation requires the prosecutor’s agreement.

What information do federal prosecutors want in Hobbs Act cases?

• Other participants in the robbery (co-defendants who haven’t been arrested yet)
• Other robberies committed by the same group
• Sources of firearms or other contraband
• Connections to drug trafficking organizations, gangs, or organized crime
• Larger criminal enterprises that the robbery was connected to

If your robbery was part of a pattern or if you have knowledge about other criminal activity, prosecutors will be interested in cooperation. But here’s the catch: Timing is everything.

The first defendant to cooperate gets the best deal. Once prosecutors have secured cooperation from one or two defendants, additional cooperators have less value. By the time the case goes to trial, cooperation opportunities are basically gone—the prosecutor already has all the witnesses they need.

We’ll discuss the cooperation decision in detail below, but understand that if cooperation is on the table, waiting months to decide will cost you significant sentence reduction value.

Strategy 5: Aberrant Behavior Departure (§5K2.20)

This is a rarely-used but potentially powerful sentencing strategy for defendants with no criminal history who committed a single, isolated offense under unusual circumstances.

USSG §5K2.20 permits a downward departure for “aberrant behavior”—a single criminal act that was completely out of character, committed without significant planning, not motivated by greed, and represents an isolated incident in an otherwise law-abiding life.

Requirements for aberrant behavior departure:

• No prior criminal history (Criminal History Category I)
• Single criminal occurrence (not part of a pattern)
• Committed without significant planning
• Not primarily motivated by financial gain
• Otherwise law-abiding lifestyle

AUSAs almost never agree to aberrant behavior departures—they’ll oppose them at sentencing. But judges can grant them over the government’s objection if defense counsel makes a compelling case.

The typical successful aberrant behavior case involves a defendant who committed a desperate act under extreme personal circumstances. For example: A man with no criminal history whose daughter was dying of cancer and needed an expensive medical treatment not covered by insurance. In a moment of desperation, he robbed a pharmacy to get money for her treatment. Immediately after, he turned himself in, cooperated fully, and expressed genuine remorse. The judge granted a 40% downward departure based on aberrant behavior, recognizing this was a single terrible decision driven by desperation rather than criminal lifestyle.

These departures are rare, but if your case fits this profile, its a strategy worth pursuing from day one. Everything you do from the moment of arrest should support the aberrant behavior narrative: immediate remorse, cooperation, victim restitution, community support letters, employment history, lack of planning, unusual circumstances that triggered the offense.

The Cooperation Decision: Game Theory, Timing, and What Prosecutors Really Want

If there’s multiple defendants in your case—or if your robbery was connected to other criminal activity—you’ll face the cooperation decision. This is probably the most difficult choice you’ll make in the entire process, because it involves moral, practical, and strategic considerations that pull in different directions.

Let me be direct about the statistics, because this is information prosecutors won’t volunteer but that you need to understand. Federal sentencing data shows clear patterns:

• Defendants who cooperate early (first 1-2 months): Average sentence reduction 40-50%
• Defendants who cooperate late (6+ months): Average sentence reduction 15-25%
• Defendants who go to trial and are convicted: Sentences typically 100-150% higher than guideline minimum (the “trial penalty”)

In a typical Hobbs Act robbery case with three co-defendants:

• Cooperator #1 (provides substantial assistance, testifies): Sentenced to 36-48 months
• Cooperator #2 (provides limited assistance): Sentenced to 60-72 months
• Non-cooperating defendant (pleads guilty): Sentenced to 108-135 months
• Trial defendant (convicted on most counts): Sentenced to 180-240 months

These aren’t made-up numbers—this pattern appears consistently in federal districts nationwide. The difference between the first cooperator and the trial defendant is often 10-15 years of prison time.

The Prisoners Dilemma

If you’ve studied game theory, you’ll recognize this as a classic prisoners dilemma. Each defendant faces a choice: cooperate with prosecutors or remain silent. The optimal outcome for the group would be if everyone remained silent (forcing prosecutors to prove their case with limited evidence). But the optimal outcome for each individual defendant is to cooperate first while others remain silent.

Prosecutors understand this dynamic and exploit it ruthlessly. They create time pressure: “We’re meeting with your co-defendant’s attorney tomorrow. If they give us what we need, this cooperation offer disappears.” They make competing offers to multiple defendants simultaneously, knowing that someone will break.

The result? One or two defendants cooperate, receive substantial sentence reductions, and testify against the others. The remaining defendants face dramatically longer sentences.

What Information Has Cooperation Value?

Not all information is equally valuable to prosecutors. They’re looking for:

High-Value Information:

• Testimony that helps convict other defendants in your case
• Information about other robberies or crimes (expanding the investigation)
• Evidence against higher-level targets (gang leaders, drug suppliers, organizers)
• Details about criminal organizations or enterprises
• Information that leads to seizure of firearms, drugs, or proceeds

Low-Value Information:

• Information prosecutors already have from other sources
• Details about your own conduct (they don’t need your cooperation to prove what you did)
• Speculation or hearsay about others without direct knowledge
• Information about crimes that are too old or minor to prosecute

If your robbery was an isolated incident with no other defendants and no connections to other criminal activity, you probably don’t have cooperation value. The prosecutor has no one for you to testify against and no larger investigation your information would support.

But if your robbery involved co-defendants, was part of a series, or was connected to drug trafficking or gang activity, you likely have information prosecutors want.

The Moral Calculus

Here’s where it gets personal. Cooperation means providing testimony that will send other people to prison—possibly people you know, people who trusted you, or even family members. Some people simply can’t or won’t cooperate regardless of the sentencing benefit. They view it as betrayal, snitching, or violating a code.

I’m not here to tell you what moral choice to make. But I will tell you the practical reality: Federal prosecutors don’t care about your moral qualms. They want convictions and they want information. If you don’t cooperate, someone else probably will. And you’ll be the one facing the longest sentence while your co-defendant who cooperated is released after 3-4 years.

Your also not cooperating “for the government”—your cooperating for yourself and your family. The question isn’t whether cooperation is morally right or wrong in the abstract. The question is: Do you want to spend 4 years or 15 years in federal prison? Do you want to see your children graduate high school and college, or do you want them to grow up while your incarcerated?

Safety Considerations

One legitimate concern about cooperation is safety—both for yourself and your family. If your cooperating against gang members, organized crime, or violent individuals, there may be retaliation risks.

Federal prosecutors take witness protection seriously in appropriate cases. Depending on the threat level, options include:

• Serving your sentence in protective custody (separated from general population)
• Serving your sentence in a different region far from co-defendants
• Post-release relocation assistance
• In extreme cases, formal Witness Security Program (WITSEC)

Don’t minimize safety concerns, but also don’t overestimate them. Most cooperation cases don’t involve cartels or professional hitmen. They involve other defendants who are also facing long prison sentences and won’t risk additional decades for retaliation.

Timing Is Everything

If your going to cooperate, the time to decide is now—not six months from now, and certainly not after trial starts. Here’s why:

Early cooperation (month 1-2 after arrest):

• Information is fresh and prosecutors haven’t secured other cooperators yet
• Your cooperation can shape the investigation’s direction
• Prosecutors are willing to offer better plea terms
• You might avoid additional charges based on information you provide

Late cooperation (month 6-12):

• Prosecutors already have other cooperators
• Your information is duplicative or less valuable
• Plea terms are less favorable
• Your cooperation looks more like “last-minute desperation” than genuine assistance

The cooperation curve has a steep decline. Every month you wait, the value of your cooperation drops. By the time trial approaches, your cooperation might be worth only a minimal sentence reduction rather than the 40-50% reduction early cooperators receive.

Making the Decision

Your attorney can’t make this decision for you. Only you can weigh the sentencing benefits against moral considerations, family impact, and personal values. But your attorney should provide you with clear information about:

• What cooperation would likely be worth in sentence reduction
• What information prosecutors are seeking
• What the cooperation process involves (proffer sessions, interviews, testimony)
• What safety measures are available
• What happens if you cooperate and then refuse to testify (you lose the benefits and face potential obstruction charges)

Sit down with your attorney and run the numbers. If cooperation would reduce your sentence from 15 years to 5 years, that’s 10 years of your life. That’s watching your children grow up vs. missing their childhood. That’s returning to society in your 30s vs. your 40s. These are real consequences that will effect every aspect of your future.

Some defendants decide that the sentence reduction is worth it. Others decide they can’t or won’t cooperate regardless of the consequences. Neither choice is wrong—but you need to make the choice with full information, not based on vague notions about “not snitching” or “standing up.”

Protecting Your Business and Family: Beyond the Criminal Case

If your facing Hobbs Act charges related to a business you own or work for, the criminal case isn’t your only concern. Federal charges trigger collateral consequences that can destroy your business, affect family members, and create financial devastation even beyond restitution and fines.

Asset Forfeiture: The Parallel Civil Case

When federal agents investigate Hobbs Act robberies, they don’t just arrest people—they seize property. Business assets, vehicles, bank accounts, real estate, and other property can be taken under federal civil asset forfeiture laws (primarily 18 U.S.C. § 981 and 21 U.S.C. § 881).

Here’s what most people don’t understand: Asset forfeiture is a civil proceeding, not part of the criminal case. The government files a lawsuit against your property itself (“United States v. $45,000 in U.S. Currency” or “United States v. One 2022 Toyota Camry”). The property is the defendant, not you.

Because its civil, different rules apply:

• Burden of proof is “preponderance of evidence” (not “beyond reasonable doubt”)
• You can lose the forfeiture case even if you win the criminal case (or charges are never filed)
• The government only needs to show the property was “connected to” criminal activity
• You have to prove the property wasn’t connected to the crime (burden shifts to you)

But here’s the critical opportunity: Innocent owner defenses are available in forfeiture cases. If family members, business partners, or co-owners had no knowledge of or involvement in the criminal activity, they can file claims to protect the property.

Common scenario: You and your spouse co-own a gas station. The gas station was robbed. Federal agents seize the business’s bank account and equipment under theory they were “used to facilitate” the crime. Your spouse files an innocent owner claim, proving she had no knowledge of the robbery, wasn’t involved, and is a legitimate co-owner. The court can return the property to her even if you’re convicted criminally.

This strategy requires separate civil forfeiture counsel (not your criminal defense attorney—different expertise). But it can preserve business assets and family livelihood even when the criminal case results in conviction.

Business License and Professional License Consequences

A federal Hobbs Act conviction will almost certainly result in loss of certain professional licenses:

• Pharmacy license
• DEA registration (for controlled substance businesses)
• State business licenses that require “good moral character”
• Professional certifications (medical, legal, financial, etc.)

If your business depends on these licenses, a conviction means the business closes permanently. This is why pre-indictment negotiation and cooperation strategies are so important—if you can avoid a conviction through cooperation, you might preserve your livelihood.

Immigration Consequences

If your not a U.S. citizen, a Hobbs Act conviction is an “aggravated felony” under immigration law. This carries mandatory deportation after you complete your sentence—no exceptions, no discretion, no possibility of waiver.

Even lawful permanent residents (green card holders) who’ve lived in the U.S. for decades will be deported. The immigration consequences are often more devastating then the criminal sentence itself.

If you’re facing immigration consequences, this must be front-and-center in any plea negotiations. Some plea structures might avoid the “aggravated felony” designation (for example, pleading to a lesser-included offense). Your criminal defense attorney needs to work with an immigration attorney to structure any plea deal in a way that minimizes immigration impact.

Restitution and Bankruptcy

Federal judges will order restitution to the victim business as part of sentencing—often tens of thousands of dollars. Restitution is a condition of your sentence, not a civil debt. You can’t discharge it in bankruptcy. If you don’t pay, your supervised release can be revoked and you can be sent back to federal prison.

The judge will typically order restitution payments during your supervised release period. If your earning minimum wage after release, the payments might be $100-200/month. But if you fall behind or can’t pay, you face reincarceration.

Restitution also takes priority over most other debts. If your business has debts or if you file bankruptcy, restitution obligations survive. This is why challenging the loss amount calculation is so important—every dollar of loss translates to restitution you’ll be paying for years after release.

Family Member and Business Partner Liability

Were family members or business partners involved in the robbery? Even if they weren’t directly involved, they might face charges for conspiracy, aiding and abetting, or accessory after the fact if they helped conceal evidence or dispose of proceeds.

Federal conspiracy charges are extremely broad. If your spouse, sibling, or business partner had any knowledge of the robbery and took any action that could be construed as helping you (even just providing a ride or holding cash), they could be charged with conspiracy to commit Hobbs Act robbery—carrying the same 20-year exposure you face.

This is another factor in cooperation decisions. If your family member is at risk of charges, your cooperation might protect them. Prosecutors sometimes agree not to charge family members in exchange for cooperation from the primary defendant.

Choosing Federal Defense Counsel: What Qualifications Actually Matter

Not all criminal defense attorneys are qualified to handle federal Hobbs Act cases. Federal practice is dramatically different from state court in terms of rules, procedures, sentencing, and strategy. If your facing federal charges, you need an attorney with specific federal experience—not just general criminal defense experience.

Federal vs. State Criminal Defense Experience

State criminal defense attorneys may handle hundreds of robbery cases in state court. But federal court is a different world:

• Federal Rules of Criminal Procedure (not state rules)
• Federal Sentencing Guidelines (not state sentencing laws)
• Cooperation negotiations and 5K1.1 departures (uncommon in state court)
• Federal discovery rules (much more limited then state)
• Pretrial detention standards (different from state bail)
• Federal judges and magistrates (different culture from state court)

An excellent state court attorney may be completely out of their depth in federal court. Don’t hire someone who “dabbles” in federal cases or who’s handled one or two federal matters. You need someone who regularly practices in federal court and knows the system inside and out.

District-Specific Knowledge

Federal districts have different cultures, practices, and unwritten rules. The Southern District of New York (SDNY) is known for its “rocket docket”—cases move quickly and judges expect attorneys to be prepared. The Eastern District of Virginia is similarly fast-paced. Other districts move more slowly.

An attorney who practices regularly in your district will know:

• Which AUSAs are reasonable negotiators vs. hardliners
• Which judges are more sympathetic to departures and variances
• Local customs and expectations for motion practice
• Typical plea offers and sentencing outcomes in similar cases

This knowledge is invaluable. An out-of-district attorney might be technically competent but lack the relationships and insights that come from regular practice in your specific courthouse.

Questions to Ask During Consultations

When interviewing potential federal defense attorneys, ask:

• “How many federal Hobbs Act cases have you handled?” (Look for 10+ cases, not 1-2)
• “What percentage of your practice is federal vs. state?” (You want 50%+ federal)
• “Have you negotiated 5K1.1 cooperation agreements before?” (This signals experience with federal cooperation)
• “What’s your relationship with the AUSAs in this office?” (Good relationships facilitate negotiations)
• “Can you give examples of sentence reductions you’ve achieved in similar cases?” (Results matter more than credentials)
• “Do you handle asset forfeiture cases, or would I need separate counsel?” (Some do both, some don’t)
• “What’s your fee structure for federal cases?” (Understand total costs upfront)

Fee Structures

Federal criminal defense is expensive because cases are time-intensive:

• Plea representation: $25,000-$50,000 (uncomplicated cases)
• Plea with cooperation: $35,000-$75,000 (requires proffer sessions, negotiation, sentencing preparation)
• Trial representation: $100,000-$250,000+ (depending on case complexity)

Some attorneys offer payment plans or will reduce fees for clients with limited means. Others require full payment upfront. Get the fee agreement in writing and understand exactly what’s covered.

If you can’t afford private counsel, you’ll be appointed a Federal Public Defender or CJA (Criminal Justice Act) panel attorney. Federal public defenders are generally excellent attorneys with significant federal experience. Don’t assume private counsel is automatically better—many federal public defenders are highly skilled and respected. The main downside is caseload (they’re handling many cases simultaneously) and potential conflicts of interest (if co-defendants also have federal defenders from the same office).

What Prosecutors Don’t Tell You: Information Asymmetry and Leverage

Federal prosecutors have significant advantages: resources, experience, and information. They know things about your case, about cooperation dynamics, and about sentencing that they won’t voluntarily share. Understanding these information asymmetries helps you make better decisions.

Cooperation Value Timing Curve

Prosecutors won’t explain that cooperation value degrades rapidly over time. They’ll present cooperation as an option without clarifying that the option is worth 50% less if you wait three months to decide. They want you to decide to cooperate, but they’re not going to emphasize the urgency because they benefit from having time to secure other cooperators.

Your attorney needs to create this urgency awareness: “If cooperation is on the table, we need to make the decision now, not next month. Every week we wait, the value drops.”

5K1.1 Departure Eligibility

AUSAs rarely volunteer that 5K1.1 substantial assistance departures can reduce sentences by 40-50%. They’ll say vague things like “we can talk to the judge about your cooperation” without specifying the potential magnitude of reduction.

Defense attorneys need to force specificity: “If my client provides substantial assistance on these topics, what kind of sentencing recommendation will the government make? Are we talking about a sentence at the guideline minimum, below the minimum, or a specific percentage reduction?”

Discovery Leverage Points

Prosecutors sometimes have evidence problems they won’t disclose: unreliable witnesses, gaps in surveillance footage, contested identifications, or weak commerce nexus proof. They’ll present the case as “overwhelming” even when they know there are vulnerabilities.

Aggressive discovery practice can expose these weaknesses. Motion for bills of particulars demanding specific commerce proof. Challenge the loss calculation with detailed interrogatories. Demand Giglio material (evidence affecting witness credibility) early. Force the government to detail exactly how they intend to prove each element.

In some cases, prosecutors will improve their plea offer rather than litigate weak evidence issues. They know that if they lose a suppression motion or if a judge agrees the commerce nexus is insufficient, the case collapses.

Resource Constraints

Federal prosecutors have large caseloads. Some cases they want to resolve quickly to free up resources for more significant matters. If your case is a marginal Hobbs Act prosecution (single incident, low dollar amount, no firearms, no organized crime connection), the AUSA might be willing to offer a favorable plea just to move the case.

Your attorney can present a compelling “efficient resolution” proposal: “My client will plead to a lesser-included offense, pay full restitution immediately, and accept a modest sentence. This resolves your case efficiently without trial preparation, allows you to focus resources elsewhere, and achieves a reasonable outcome.”

Prosecutors won’t admit they’re resource-constrained, but they respond to these pitches more often then defendants realize.

Trial Statistics

When pressuring defendants to plead guilty, prosecutors emphasize that federal conviction rates exceed 90%. What they don’t emphasize is that the cases that go to trial are typically the strongest cases—defendants with weak cases usually plead out. So the 90% conviction rate is somewhat skewed by selection bias.

Additionally, even in cases that result in convictions, defendants are often acquitted on some counts or convicted of lesser-included offenses. So “trial” doesn’t necessarily mean “convicted on all counts as charged.”

If your case has genuine defense merits (weak evidence, identity issues, insufficient commerce proof), trial might not be as hopeless as prosecutors suggest. Have your attorney evaluate the evidence critically and give you an honest assessment—not the prosecutor’s assessment.

Making Your Decision: A Framework for Choosing Your Path

At some point, you’ll need to decide: fight the charges at trial, negotiate a plea, or cooperate with the government. This decision should be based on a clear-eyed evaluation of evidence, options, consequences, and personal factors.

Decision Matrix: Evidence Strength × Cooperation Value × Family Impact

Think about three dimensions:

Evidence Strength: How strong is the government’s case against you?

• Strong evidence: Video surveillance, eyewitness identifications, forensic evidence, your statements admitting involvement
• Moderate evidence: Some witnesses but also credibility issues, circumstantial evidence, weak commerce nexus
• Weak evidence: No direct proof, identification problems, insufficient commerce proof, suppression issues

Cooperation Value: Do you have information prosecutors want?

• High value: Information about co-defendants, other robberies, larger criminal enterprises, firearms sources
• Moderate value: Some information but not critical to prosecution’s larger goals
• Low value: Isolated incident with no co-defendants and no connections to other investigations

Family Impact: What are the consequences for your family?

• Severe impact: You’re the primary income earner, young children depend on you, family business will fail without you
• Moderate impact: Family has some financial stability, older children or other support systems
• Limited impact: No dependents, other family members can provide support

If evidence is strong + cooperation value is high + family impact is severe, cooperation makes strategic sense. You’re likely to be convicted anyway, cooperation can significantly reduce your sentence, and your family needs you home sooner rather than later.

If evidence is weak + cooperation value is low + family impact is moderate, fighting the charges might make sense. There’s a reasonable chance of acquittal or favorable plea without cooperation.

If evidence is moderate + cooperation value is moderate + family impact is severe, you’re in the difficult middle ground where there’s no clear right answer. This is where you need extended conversations with your attorney about risk tolerance, trial odds, and potential outcomes.

Questions Only You Can Answer

Your attorney can advise, but ultimately these are personal decisions:

• Can I live with cooperating against others, or is that a moral line I won’t cross?
• Am I willing to risk trial and a potentially much longer sentence for a chance at acquittal?
• What’s more important: minimizing prison time or maintaining certain principles?
• How will my decision affect my family’s wellbeing over the next 10-15 years?
• Do I have the financial resources to fund a trial defense?
• Am I psychologically prepared for the possibility of a 15-20 year sentence if I lose at trial?

There’s no right answer that applies to everyone. Some defendants cooperate and feel they made the right choice. Others refuse to cooperate despite longer sentences and have no regrets. The key is making the decision based on full information—not panic, not bravado, not vague notions about “codes” or “principles.”

The Decision Not to Decide Is a Decision

One thing you can’t do is delay indefinitely. As we’ve discussed, timing windows close rapidly in federal cases. If your still “thinking about it” three months after arrest, you’ve functionally made the decision not to cooperate—because cooperation value has dropped so low that the sentence reduction will be minimal.

Set a decision timeline with your attorney. “We need to decide on cooperation within two weeks.” “We need to evaluate plea options within 30 days.” Don’t let the case drift while you’re in paralysis. The federal system moves forward whether you’re ready or not.

Immediate Action Steps: What to Do in the Next 24 Hours

If your reading this within days of your arrest or charges, here are the immediate action steps:

1. If Your in Federal Custody: Request a federal defense specialist at your initial appearance. Don’t rely solely on a duty attorney unless they have significant federal experience. Ask: “Have you handled Hobbs Act cases before? How many?”

2. If Your on Bail or Pre-Arrest: Schedule consultations with 3-5 federal criminal defense attorneys in your district. Meet with them within the next week. Compare their experience, strategies, and fee structures.

3. Stop Talking About the Case: Do NOT discuss your case with anyone except your attorney—not family, not friends, not cellmates if your in custody. Jail calls are recorded. Visitors are monitored. Anything you say can and will be used against you.

4. Preserve (But Don’t Destroy) Evidence: Don’t delete text messages, destroy documents, or dispose of property related to the case. Destruction of evidence is a separate federal crime (obstruction of justice) that carries additional prison time. Your attorney will advise you on how to handle evidence properly.

5. Family Asset Protection: If you own business assets or property jointly with family members, they should consult with an asset forfeiture attorney separately from your criminal defense attorney. Innocent owner claims need to be filed quickly in civil forfeiture proceedings.

6. Document Character Evidence: Start gathering documents that will be helpful at sentencing (if you plead guilty) or for bail arguments: employment history, tax returns, letters from employers/community members, evidence of community ties, family support letters. Build this file now while you have time.

7. If Cooperation Is Possible: Have a serious conversation with your attorney within the first 2-4 weeks about cooperation value, timing, and potential sentence reductions. Don’t wait months to have this conversation—the window closes fast.

8. Financial Planning: Federal cases are expensive. Between attorney fees, potential restitution, fines, and lost income during incarceration, you’re looking at potentially six-figure costs. Start conversations with family about financial resources, payment plans with attorneys, and long-term financial planning.

9. Immigration Consultation: If your not a U.S. citizen, schedule a consultation with an immigration attorney immediately—separate from your criminal defense attorney. You need to understand the immigration consequences and structure any plea deal to minimize deportation risk.

10. Mental Health Support: The stress of federal prosecution is overwhelming. Consider speaking with a therapist or counselor. This isn’t weakness—it’s recognizing that your facing one of the most difficult situations of your life and you need support to make clear decisions.

Final Thoughts: Understanding the Federal System Reality

Federal Hobbs Act robbery prosecutions are among the most serious charges you can face. The sentencing exposure is severe, the conviction rate is high, and the collateral consequences extend far beyond prison time. If your facing these charges, your in a crisis that requires immediate, informed action.

The federal system is not designed to be fair in the way most people understand fairness. It’s designed to be efficient and to secure convictions. Cooperation incentives create prisoners dilemmas that pit defendants against each other. Sentencing guidelines produce harsh outcomes. The trial penalty discourages defendants from exercising their constitutional right to trial. These are realities, not complaints.

But within this system, there are strategies that work. Challenging the interstate commerce element, attacking loss calculations, pursuing aberrant behavior departures, negotiating cooperation agreements—these aren’t guaranteed wins, but they’re tools that can significantly reduce your exposure. The key is identifying which tools apply to your specific case and executing them at the right time with experienced counsel.

Don’t make decisions based on television portrayals of criminal justice or street codes about “snitching.” Make decisions based on evidence, law, consequences, and what’s best for you and your family over the next 10-20 years of your life. That’s not betraying principles—that’s being smart about an incredibly difficult situation.

If your facing federal Hobbs Act charges, you need experienced federal defense counsel immediately. Not next week, not next month—today. The first 72 hours determine trajectory, negotiation leverage, and ultimately outcomes. Don’t waste this critical window.

Additional Resources

For more information about federal criminal defense and the Hobbs Act, consult these authoritative resources:

• 18 U.S.C. § 1951 – The Hobbs Act Statute
• U.S. Sentencing Guidelines Manual – Chapter 2B (Robbery)
• Department of Justice – Hobbs Act Prosecution Guidelines
• Federal Defender Resource Counsel
• U.S. Sentencing Commission – Federal Sentencing Data
• National Association of Criminal Defense Lawyers
• United States v. Enmons – Supreme Court Decision on Hobbs Act
• Bureau of Justice Statistics – Federal Justice Statistics
• American Bar Association – Criminal Justice Standards

This article provides general information about federal Hobbs Act robbery prosecutions and is not legal advice. Every case is unique and requires individualized analysis by qualified federal defense counsel in your jurisdiction.