The assault happened around 1 p.m. as a vendor was selling items in front of a home near Mt. Whitney High School in Visalia, California.
Visalia police say 40-year-old Joshua Martino was upset about a crowd of kids gathering in front of the home.
He and the vendor got into an argument, and Martino kicked over the vendor's cart.
"I am very sad about this situation, and I think that communities really need to understand how vulnerable street food vendors are," says Genoveva Islas.
Islas is the Executive Director for Cultiva la Salud, a public health advocacy organization that works with food vendors, which she says have been the target of violence in recent years.
"We have street vendors who have been assaulted, even a street vendor that has lost his life," says Islas.
Martino was arrested for battery and vandalism.
He is being held at the Tulare County Jail.
Legal analyst Tony Capozzi called this case egregious.
"I would be surprised if the district attorney didn't file felony charges in this case," said Capozzi.
Capozzi says the Tulare County District Attorney's Office can also consider prior cases.
Action News found that Martino has a history of run-ins with police in Kern and Tulare County.
Most recently, he was arrested in March of 2022 for battery and assault.
In 2014, he was arrested for similar misdemeanor charges.
He served time and was then put on probation for both incidents.
Capozzi says it will be up to the DA's office to decide what charges will be filed.
"If it's a misdemeanor, it's one year jail time; if it's a felony, it's either 16 months, two or three years in jail," Capozzi said.
Martino is expected to be in court Thursday afternoon.