Does pointing a loaded firearm at another person constitute an assault?

However, "[t]o point a loaded gun in a threatening manner at another . . . constitutes an assault, because one who does so has the present ability to inflict a violent injury on the other and the act by its nature will probably and directly result in such injury." (People v. Miceli (2002) 104 Cal.App.4th 256, 269.)

The question whether or not the firearm was loaded was a question of fact to be determined by the jury. (See People v. Rodriguez, supra, 20 Cal.4th at p. 12.) "[A] defendant's statements and behavior while making an armed threat against a victim may warrant a jury's finding the weapon was loaded." (Ibid.)