People v. Chance

Opinion

CORRIGAN, J.

Here we consider the actus reus required for assault. Since 1872, the Penal Code has defined assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code, § 240.)1 This case involves only the “present ability” aspect of the crime. Nevertheless, we must consider the effect of statements in prior opinions analyzing the intent required for assault.

In People v. Colantuono (1994) 7 Cal.4th 206, 216 [26 Cal.Rptr.2d 908, 865 P.2d 704] (Colantuono), and People v. Williams (2001) 26 Cal.4th 779, 782, 784-785 [111…