What is the test for a conviction of assault with a deadly weapon under section 246 of the California Code of Civil Procedure?

Stated another way, it is not necessary to a conviction of section 246 to prove the defendant's act came dangerously close to actually physically injuring a person. (Compare People v. Rocha, supra, 3 Cal.3d at p. 899, 92 Cal.Rptr. 172, 479 P.2d 372 [20 Cal.App.4th 247] [assault requires an "act, the direct, natural and probable consequences of which if successfully completed would be the injury to another."].) It is enough if the probable result of the defendant's willful act is some shots may make contact with any part of the car.

In addition, an assault with a deadly weapon requires the defendant have the present ability to commit a violent injury on the person of another. ( 240.) In People v. Valdez (1985) 175 Cal.App.3d 103, 220 Cal.Rptr. 538 we defined "present ability" for purposes of assault with a deadly weapon to mean a defendant has both the means (an operative, real weapon) and is in a location (within striking distance) to inflict injury on his intended victim. (People v. Valdez, supra, 175 Cal.App.3d at pp. 112-113, 220 Cal.Rptr. 538.)