July 30, 2010 By Wallin & Klarich

7171225977_9dab0179fd_zOn July 30, 2010, a defendant was sentenced for intentionally vomiting on a Philadelphia Phillies fan and his 15-year-old daughter at Citizens Bank Park in Philadelphia. The defendant was sentenced to one to three months in jail, community service, and ordered to pay $315, the cost of the tickets for the fan and his family.

The incident occurred on April 14, 2010, at a game between the Phillies and the Washington Nationals. Michael Vangelo, an off-duty police captain, brought his four daughters to the game. During the game, the defendant, Matthew Clemens, and his friend heckled, spilled beer, and spit on Vangelo and his family. Vangelo complained to security and Clemmens’ friend was ejected from the stadium.

According to the prosecutor, Clemmens then answered his cellphone and said, “I need to do what I need to do. I’m going to get sick.” He stuck several fingers in his mouth and vomited on Vangelo, with some of the vomit hitting one of Vangelo’s daughters.

What Charges Would This Person Face in California?

In California, under Penal Code section 240, simple assault is an intentional and unlawful attempt to create a reasonably imminent fear of harmful or offensive touching of another person. The attempted touching does not have to be direct, it can occur through the perpetrator’s willful manipulation of events that leads to touching. Simple assault is a misdemeanor punishable by a fine and up to six months in jail. (California Penal Code section 241(a).)

Under California Penal Code section 415, “disturbing the peace” occurs when a person unlawfully fights another in a public place, intentionally and maliciously disturbs someone with loud and unreasonable noise, or who provokes another person with offensive words that would reasonably provoke a violent response. “Disturbing the peace” is a misdemeanor punishable by a fine and up to 90 days in jail.

Under California Penal Code section 647(f), a person who is drunk in public and who cannot reasonably care for his own safety or for the safety of those around him is guilty of public intoxication. Public intoxication is a misdemeanor punishable by a fine and up to six months in jail.

Call a Criminal Defense Attorney Today

If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of assault and disorderly conduct-type crimes for over 30 years. We can help you achieve the best possible result in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.

Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.

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