What is the test for an assault with a deadly weapon against a police officer?

Code, 600, subd. (b).) It is not permissible to base an inference on mere suspicion, imagination, speculation, conjecture or guess work. (People v. Davis (2013) 57 Cal.4th 353, 360.) A factual finding may be an inference drawn from the evidence but it cannot be based on "'"mere speculation as to probabilities without evidence." [Citation.]' [Citations.]" (Ibid.)

"An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." ( 240.) An assault with a deadly weapon upon a peace officer occurs when a person commits "assault" upon a peace officer "with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer ... engaged in the performance of his or her duties, when the peace officer ... is engaged in the performance of his or her duties, ...." ( 245, subd. (d)(2).) "'Assault and assault with a deadly weapon are general intent crimes.'" (People v. Valdez (2002) 27 Cal.4th 778, 787.)