What is the test for assault with a deadly weapon?

In People v. Herrera (1970) 6 Cal.App.3d 846, 86 Cal.Rptr. 165 the court stated, "The offense of assault with a deadly weapon requires proof only of an attempt to commit a violent injury upon the person of another; does not require proof an injury occurred; and is supported by an inference from proof the gun was fired in the direction of another." (Id. at p. 851, 86 Cal.Rptr. 165.)

In People v. Carmen (1951) 36 Cal.2d 768, 228 P.2d 281, the court emphasized, " ' "it is not an assault to fire a gun in the air for the purpose of frightening another, it is an assault, without regard to the aggressor's intention, to fire a gun at another or in the direction in which he is standing. The law will not tolerate such a reckless disregard of human life." ' " (Id. at p. 775, 228 P.2d 281.) Also, "it is not the subjective belief of the victim which is determinative, but whether the person charged with the assault had the 'present ability to commit a violent injury.' " (People v. Mosqueda (1970) 5 Cal.App.3d 540, 544, 85 Cal.Rptr. 346.)