Can a defendant be charged with assault under section 69 of the Criminal Code for allegedly resisting arrest?

981-982.) In attempting to arrest him, one officer grabbed the defendant's waist while the defendant tried to ride away on a bicycle, then the officer forced the defendant to the ground, where other officers attempted to control his arms. (Id. at p. 982.) The defendant "had to be physically taken to the ground . . . because he refused to comply with . . . repeated orders to relax and . . . to 'stop resisting' [and] continued to struggle with [the officers] . . . 'yelling, kicking [and] cussing,' and said he would 'kick [the officers'] ass[es].' " (People v. Carrasco, supra, 163 Cal.App.4th at pp. 985-986.) The defendant was eventually subdued with pepper spray. (Id. at p. 982.) In holding there was no need to instruct with the section 148, subdivision (a) lesser offense, the appellate court reasoned, "[I]f appellant resisted the officers at all, he did so forcefully, thereby ensuring no reasonable jury could have concluded he violated section 148, subdivision (a)(1), but not section 69." (Id. at p. 985.)