California, United States of America
The following excerpt is from People v. Carnero, B294298 (Cal. App. 2019):
4. For these same reasons, resistance by force or violence that violates section 69 necessarily also reflects an assault and batteryboth crimes with specific victims. (See People v. Brown (2016) 245 Cal.App.4th 140, 152-153 (Brown) [assault is a lesser included offense of a section 69 violation by forceful resistance]; see also CALCRIM No. 2652 & CALJIC No. 16.141 [defining the words "force" and "violence" for the purposes of a section 69 violation as the terms apply to battery, namely "any [unlawful] application of physical force against the person of another," whether or not intentional or harmful], italics added.)
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