Final answer:
The legal definition of assault does require the perpetrator to have the present ability to inflict harm, making the statement true.
Step-by-step explanation:
The statement that "in the absence of 'present ability' there can be no assault" is A. True. The legal definition of assault typically requires that the perpetrator has the present ability to inflict harm or offensive contact. Without this capability, the action may not meet the legal criteria for assault, as there is no immediate threat that harm will occur. In other words, for an assault to be acknowledged in a court of law, the assailant must have the capability to carry out the threat immediately.