California, United States of America
The following excerpt is from People v. Aviles, F071781 (Cal. App. 2018):
"An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." ( 240.) " '[I]t is a defendant's action enabling him to inflict a present injury that constitutes the actus reus of assault. . . .' [Citation.] Assault is a general intent crime; it 'does not require a specific intent to injure the victim.' [Citation.] '[A] defendant guilty of assault must be aware of the facts that would lead a reasonable person to realize that a battery would directly, naturally and probably result from his conduct. . . . He, however, need not be subjectively aware of the risk that a battery might occur.' [Citation.]" (People v. Leonard (2014) 228 Cal.App.4th 465, 486.) "The elements of assault with a firearm, under section 245, subdivision (a)(2) include (1) an assault, which requires the intent to commit a battery, and (2) the foreseeable consequence of which is the infliction of great bodily injury upon the subject of the assault. [Citation.]" (People v. Cook (2001) 91 Cal.App.4th 910, 920.)
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