Retired Texas Ranger baseball player Josh Hamilton was recently indicted for the felony offense Injury to a Child. The arrest affidavit alleges that Hamilton struck his 14 year old daughter with a water bottle, pulled a chair out from under her and struck her legs with his palm and fist. Hamilton is charged with a third degree felony. Under Texas law a third degree felony has a penalty range of two to ten years in prison and fine up to $10,000. A defendant can also receive probation if they have no previous felony convictions.
Hamilton was only charged with a third degree felony because the indictment only alleges bodily injury. Bodily Injury is means the victim felt pain but didn’t suffer serious bodily injury. In this case Hamilton’s daughter claims she was hit with a water bottle and that Hamilton hit her legs with his fist and palm. If she was over the age of fourteen then the police could only have charged Hamilton with a misdemeanor assault. Under Texas law a child is defined a a person who is fourteen or younger.
There have been protective orders issued in the past between Hamilton and his ex-wife. This indicates a long history of conflict between parents which probably spilled over into their children’s lives. A history of custody issues involving children can often lead to evidence which can be helpful to the defense.