Olympic champion gymnast Paul Hamm was arrested for assault, criminal damage and defrauding livery last weekend in Ohio. Reports indicate that Hamm was highly intoxicated when he punched and kicked a cab driver, damaged the cab and tried to skip out on the fare. Hamm admitted on tape that he had approximately eight (8) drinks and told the officers "I'm going to kill you guys." Ohio State fired Hamm, who was working as an assistant gymnastics coach, just days after the arrest stating that Hamm's behavior failed to meet the high standards that the University requires of their coaching staff.
In Nevada, punching and/or kicking another person is considered Battery. Battery is ordinarily considered a misdemeanor, which is punishable by up to six (6) months in jail. However, taxi drivers are an extremely vulnerable population. Therefore, a Battery on a Taxi Driver is considered more serious and is classified as a gross misdemeanor, which is punishable by up to one year in city or county jail. In Nevada, damaging a cab would be considered Malicious Destruction of Private Property. Malicious Destruction of Private Property can be treated as a misdemeanor or felony depending on the amount of damage.
Alcohol is a common factor in many criminal offenses. However, intoxication can also be a defense to some criminal offenses. Specifically, if a crime requires that the offender have the specific intent to commit a crime, extreme intoxication that renders the person unable to form that intent can be a defense to the crime.
If you or someone you know is charged with Battery, Malicious Destruction of Private Property or another alcohol-related offense, it is important that you contact a Las Vegas Criminal Defense Attorney right away. A Las Vegas Criminal Defense Lawyer can assist you in analyzing the facts of your case, identifying appropriate defenses and developing the most aggressive defense strategy possible to protect your legal rights.