What is the test for criminal culpability in an assault case?

while still serving the goal of criminal law " to protect society from those who intend to injure it. " ( People v. Dillon (1983) 34 Cal.3d 441, 453, 194 Cal.Rptr. 390, 668 P.2d 697 ( Dillon ).) " Applying criminal culpability to acts directly moving toward commission of crime ... is an obvious safeguard to society because it makes it unnecessary for police to wait before intervening until the actor has done the substantive evil sought to be prevented. It allows such criminal conduct to be stopped or intercepted when it becomes clear what the actor's intention is and when the acts done show that the perpetrator is actually putting his plan into action. [Citations.]" ( Ibid. ) At the same time, "[t]o ensure that attempt principles do not punish a guilty mental state alone, an act toward the completion of the crime is required before an attempt will be recognized." (

[229 Cal.Rptr.3d 661]