Is a defendant guilty of violating section 69 of the California Criminal Code when they resist arrest by using force or violence?
California, United States of America
The following excerpt is from People v. Jimenez, D068407 (Cal. App. 2016):
A defendant is guilty of violating section 69 when he or she resists the officer by the use of force or violence as long as that officer was acting lawfully at the time of the offense. (People v. Smith, supra, 57 Cal.4th at p. 241.) However, an essential element of that offense is that the officer at the time of the arrest must be engaged in the lawful
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