Does assault with intent to commit a crime require the wrongdoer's present ability to commit the assault?
California, United States of America
The following excerpt is from People v. Rosencrans, G055870 (Cal. App. 2019):
contrast, an assault requires the wrongdoer's "present ability" to commit the violent injury. ( 240.) Thus, "'[a]n "assault" with intent to commit a crime necessarily embraces an "attempt" to commit said crime, but said "attempt" does not necessarily include an "assault."' [Citation.]" (People v. Rupp (1953) 41 Cal.2d 371, 382, overruled on other grounds by People v. Cook (1983) 33 Cal.3d 400, 413, fn. 13.)
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