California, United States of America
The following excerpt is from People v. Foster, C086875 (Cal. App. 2019):
The trial court found that the Arizona conviction was equivalent to a conviction for assault with a deadly weapon under section 245, subdivision (a)(2), which provides: "Any person who commits an assault upon the person of another with a firearm shall be punished . . . ." As relevant here, the elements of assault with a deadly weapon under section 245, subdivision (a)(2) are: (1) That defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person; (2) Defendant did that act willfully; (3) When defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; and (4) When defendant acted, he had the present ability to apply force . . . with a deadly weapon. (See CALCRIM No. 875; People v. Golde (2008) 163 Cal.App.4th 101, 121.)
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