The state accuses the defendant of having committed the offense of aggravated robbery.

Relevant Statutes

A person commits the offense of aggravated robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, the person intentionally, knowingly, or recklessly causes bodily injury to another and this bodily injury is serious bodily injury.

Definitions

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Intentionally Causing Bodily Injury

A person intentionally causes bodily injury to another if it is the person’s conscious objective or desire to cause the bodily injury to another.

Knowingly Causing Bodily Injury

A person knowingly causes bodily injury to another if the person is aware that the person’s conduct is reasonably certain to cause the bodily injury to another.

Recklessly Causing Bodily Injury

A person recklessly causes bodily injury to another if the person is aware of but consciously disregards a substantial and unjustifiable risk that the person’s action will cause bodily injury to another. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Course of Committing Theft

Conduct is engaged in “in the course of committing theft” if that conduct was engaged in during an attempt to commit, during the commission of, or in immediate flight after the attempt or commission of theft.

Theft

Theft is a criminal offense requiring proof that—

1. the person appropriated property of another;
2. that appropriation was unlawful; and
3. the person did this with the intent to deprive the owner of the property.

[Insert other definitions related to theft as necessary, depending on the facts.]

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally, knowingly, or recklessly caused bodily injury to [name] [insert specific allegations, e.g., by stabbing [name] with a knife]; and
2. this bodily injury was serious bodily injury; and
3. the defendant did this in the course of committing theft of property owned by [name]; and
4. the defendant had the intent to obtain or maintain control of the property that was the subject of the theft.

You must all agree on elements 1, 2, 3, and 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, and 4 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the four elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]