Is a failure to instruct the jury on the lesser included offense of resisting arrest prejudicial?

is, where witnesses testify to different versions of the events, the failure to instruct on the lesser included offense is prejudicial, because the jury "might have believed part of what the officers said and part of what the defense witnesses said. They therefore might have found that [defendant] acted unlawfully, by arguing with [the officer] and refusing to disburse, but he did not use force unlawfully because his use of force was a response to [the officer's] unlawful use of force." (People v. Lacefield, supra, 157 Cal.App.4th at p. 261.)

As demonstrated by the above, defendant's conduct here included attempts to break free from the officers, struggling with them with however much his strength, attempting to "wriggle out" from the 800 pounds on top of him, in the course of which he flailed with his feet while on the ground. All this was described by several of the officers at trial as "resisting," which is, as quoted, one of the classic ways section 148 is violated. (People v. Quiroga, supra, 16 Cal.App.4th at p. 961.)