The Crimes in “The Hangover” Would Send the Wolfpack to Prison

Moviegoers in the summer of 2009 were taken aback when four friends went on a Las Vegas adventure that they would never forget. Actually, that is exactly what they did. One night into their Las Vegas bachelor party, Phil, Stu and Alan became so intoxicated on drugs and alcohol that they lose their friend Doug, and completely forget how.

While picking up the pieces of their broken night, the group finds out that they committed several crimes. While wandering through the town, the four men did things that would land them behind bars in any state.

While giving us all a laugh and bringing us back to the theaters for two more sequels, “The Hangover” actually shines a light onto such serious crimes as drug possession, vandalism and burglary.

Let’s take a look at these crimes in greater detail, and the consequences that come with each…

Possession of Flunitrazepam (21 U.S.C. § 844, HS 11350, HS 11379)

In hopes of having a memorable night, Alan slips flunitrazepam (commonly known as the date-rape drug referred to as “roofies”) into each of the friends’ drinks. The roofies cause Doug to pass out while Phil, Stu and Alan forget the night’s events. This leads to some hilarious hijinks but possession of flunitrazepam is not a joking matter.

Under 21 U.S.C. § 844, possession of flunitrazepam is a federal crime punishable by up to three years in prison and considerable fines.

Possession of the drug in California is also a violation of Health and Safety Code Section 11350. If you are convicted of this crime, you could be sentenced to 16 months, 2 or 3 years in county jail. Transporting or giving away a controlled substance is illegal under Health and Safety Code Section 11379 and is punishable by up to four years in jail and a fine of up to $10,000.

Alan could face more severe punishment because he gave the other men roofies without their knowledge. If one of the men were seriously injured or died, Alan could face life in prison.

Vandalism (California Penal Code Section 594 PC)

After leaving their hotel room dazed and confused from their escapades the night before, the three friends look up to see something startling. One of their hotel mattresses was tossed from their hotel room and landed straight through one of the hotel’s Greek statues. The mattress was destroyed, and a cleaning crew needed to be called to remove it.

Penal Code Section 594 defines vandalism as maliciously committing any of the following acts to someone else’s property:

• Damaging it;
• Defacing it with graffiti or other written material; or
• Destroying it.

The legal consequences for vandalism can vary depending on how it is committed and how much damage is done. If the damage caused is worth more than $400, you could face either a misdemeanor or a felony.

If convicted of a misdemeanor, you face up to one year in county jail and a fine up of to $10,000. A felony conviction for vandalism is punishable by up to three years in county jail and the same fine. The fine can increase to $50,000 if the damage caused exceeds $10,000.

By damaging the hotel’s property and destroying a mattress, “The Hangover” crew—known as the Wolfpack—was in violation of Penal Code Section 594.

Breaking and Entering, Burglary (California Penal Code Section 459)

While retrieving clues on the whereabouts of their lost friend, Phil, Stu and Alan run into an “iron” wall. Mike Tyson finds them back at their hotel and rudely lets them know what they did the night before. A surveillance tape at Tyson’s house shows them entering his home and stealing his pet tiger.

California Penal Code Section 459 defines burglary as entering a room, structure or locked vehicle with the intent to commit a felony or theft once inside. Although the Wolfpack does not break into his home and only steals the tiger from Tyson’s backyard area, a prosecutor could charge them with first-degree burglary.

First degree burglary is also known as residential burglary. Even if there is no sign of forced entry into a room or structure, it is still a felony. If convicted, the penalties for this offense include:

• Up to six years in state prison; and
• Up to $10,000 in fines.

Burglary is a specific intent crime. It is a legal defense to burglary if you were so intoxicated at the time of entry into the residence that you could not form the “specific intent” to burglarize the residence required.

A strong possible defense to burglary under the facts from the scene depicted in “The Hangover” would be that the cast members were too intoxicated to have the specific intent to commit a felony when they entered Tyson’s residence.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

If you are accused of any of the crimes depicted in “The Hangover,” the consequences can be very severe. These allegations will affect you financially, mentally and emotionally. At Wallin & Klarich, our attorneys are determined to get you the best possible legal outcome. We have been successfully defending our clients accused of all crimes for over 40 years.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our knowledgeable attorneys are available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.