Penal Code §240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. For a guard, which scenario most clearly meets all assault elements?

Explanation

Assault under PC §240 requires (1) an unlawful attempt (2) coupled with present ability (3) to commit a violent injury. Raising a baton overhead within striking range of a compliant person creates immediate present ability to inflict violent injury and, absent privilege, is an unlawful attempt. The suspect's compliance removes any self-defense or force-incident-to-arrest privilege. Verbal warnings of lawful arrest (b), ready-position carry during peaceful escort (c), and gestures directing egress (d) do not meet the 'present ability to commit violent injury' threshold. Assault liability for guards arises most often from drawn or raised weapons against non-resistant persons.