Legal Definitions - present ability

Definition: Present ability refers to the actual, immediate power to do something, especially to commit a crime.

Example 1: A person who is holding a gun and pointing it at someone has present ability to shoot and harm that person.

Example 2: If a person is physically present at the scene of a crime and actively participating in it, they have present ability to commit that crime.

These examples illustrate that present ability is about the immediate power to do something, whether it is harmful or legal. It is not just about having the capacity or potential to do something, but actually being in a position to carry it out at that moment.