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In brief: This page explains Hobbs Act robbery and extortion charges under 18 U.S.C. § 1951: what the government must prove, the penalties, and possible defenses. Federal charges in San Diego are prosecuted in the U.S. District Court for the Southern District of California (S.D. Cal.). Vikas Bajaj has practiced law in California since 2001, handles federal court work in S.D. Cal., and takes a methodical approach to every case. If federal agents contact you, you can decline to answer questions until you have spoken with a lawyer.
The Hobbs Act, 18 U.S.C. § 1951, punishes anyone who “in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do,” and also reaches threats or acts of “physical violence to any person or property in furtherance of a plan or purpose” to violate the section.
Hobbs Act cases are handled within our federal criminal defense practice in San Diego.
Robbery, extortion, attempt and conspiracy each have different elements; robbery and extortion are separately defined in § 1951(b)(1) and (b)(2).
How I approach a Hobbs Act case
I personally handle each client’s case. Hobbs Act charges under 18 U.S.C. § 1951 (up to 20 years) cover two very different kinds of cases, robbery and extortion, and the defense starts with knowing which theory the government is using.
- Robbery cases and § 924(c). Hobbs Act robbery is often charged together with a firearm count under 18 U.S.C. § 924(c), which carries consecutive mandatory time. The Supreme Court held that attempted Hobbs Act robbery is not a “crime of violence” for § 924(c) (United States v. Taylor, 596 U.S. 845 (2022)), so whether the robbery was completed or only attempted can change the case.
- The commerce element. The required effect on interstate commerce can be slight, and robbing a drug dealer of drugs or proceeds satisfies it as a matter of law (Taylor v. United States, 579 U.S. 301 (2016)). For small, local businesses I still examine how the government proposes to prove it.
- Extortion cases. Extortion requires obtaining property from another. Something that cannot be transferred, such as a recommendation, is not “property” for this purpose (Sekhar v. United States, 570 U.S. 729 (2013)). For public officials, extortion “under color of official right” requires proof that a payment was taken knowing it was in return for official acts (Evans v. United States, 504 U.S. 255 (1992)), so the line between a lawful contribution or gift and a quid pro quo is often the whole case.
- Identification and cooperators. Robbery cases often rest on eyewitness identification, cell-site data and co-defendants who are cooperating. I test each of those sources separately, using the discovery the government must provide under Fed. R. Crim. P. 16.
I have practiced law in California since 2001, earned my J.D. at The University of Texas at Austin School of Law, and represent clients in California state courts and the U.S. District Court for the Southern District of California. I also provide legal analysis of criminal cases on Fox News, FOX 5 and KUSI. No lawyer can promise an outcome, and this page is general information, not legal advice about your case. — Vikas Bajaj
What happens after a federal charge in San Diego
The procedural path of a Hobbs Act case in the Southern District of California (Fed. R. Crim. P. 5) is the same one every federal felony follows, and it is set out step by step on our federal criminal defense page for San Diego.
Fine exposure under 18 U.S.C. § 1951
Fines for Hobbs Act are capped by the catch-all federal fine statute rather than the offense section itself (18 U.S.C. § 3571; 18 U.S.C. § 3559); see the quoted text on our bank fraud defense page.
18 U.S.C. § 1951 (Hobbs Act): statutory text, penalties and process, with sources
Sources are linked inline to the statute, rule, court or agency that states each point.
The statute, verbatim
18 U.S.C. § 1951(a): “Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.”
Under § 1951(b)(2), “extortion” means “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” Robbery under § 1951(b)(1) requires a taking “by means of actual or threatened force, or violence, or fear of injury.”
Elements and defenses that follow from the text
- An effect on commerce “in any way or degree” (§ 1951(a)).
- Robbery or extortion as defined in § 1951(b), or an attempt or conspiracy (§ 1951(a)).
Defenses track the definitions in § 1951(b): no effect on commerce, no “obtaining of property,” or consent not induced by force, violence, fear or official right.
Guidelines
Under the 2026 Guidelines Manual, Hobbs Act robbery is sentenced under USSG §2B3.1 (base offense level 20), extortion by force or threat under §2B3.2 (base level 18), and extortion under color of official right under §2C1.1 (base level 14 for a public official, 12 otherwise).
Frequently Asked Questions (FAQs)
Q: What is 18 U.S.C. § 1951?
A: 18 U.S.C. § 1951, commonly called the Hobbs Act, addresses robbery, extortion, attempts and conspiracies that obstruct, delay or affect commerce. It also covers anyone who “commits or threatens physical violence to any person or property in furtherance of a plan or purpose” to violate it.
Q: What is the penalty for a Hobbs Act conviction?
A: Under 18 U.S.C. § 1951(a), a person “shall be fined under this title or imprisoned not more than twenty years, or both.” The advisory guideline for robbery, USSG §2B3.1, starts at base offense level 20, and the court then weighs the factors in 18 U.S.C. § 3553(a).
Q: Does a Hobbs Act charge require interstate commerce?
A: Yes. The statute requires conduct that “in any way or degree obstructs, delays, or affects commerce,” and § 1951(b)(3) defines commerce to include “all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof” and “all other commerce over which the United States has jurisdiction.”
Q: Can someone be charged with attempted Hobbs Act robbery?
A: Yes. Section 1951(a) punishes whoever “attempts or conspires so to do,” meaning a person may face an attempted Hobbs Act charge even when the alleged robbery or extortion was not completed.
Q: What should I do if I am facing a Hobbs Act charge in San Diego?
A: A defense lawyer can review the indictment and discovery, explain which theory is charged and what exposure, including any 18 U.S.C. § 924(c) count, you face.
Discuss Your Hobbs Act Case With Our Office
Contact the office to talk with Vikas Bajaj about a Hobbs Act investigation or charge.
What happens next
- Call or send the form. Reach the office at (619) 525-7005 or use the contact form.
- A confidential consultation with Vikas. You speak directly with attorney Vikas Bajaj about your situation.
- A plan for your case. You leave with a clear plan for the next steps.