What constitutes assault or battery on a peace officer?

To constitute the criminal conduct proscribed by sections 243, subdivision (c) and 241 subdivision (b), the assault or battery must be on a peace officer who is "engaged in the performance of his or her duties." A peace officer is not "engaged in the performance of his or her duties" within the meaning of these statutes if he arrests a person unlawfully or uses excessive force in making the arrest. (People v. Curtis (1969) 70 Cal.2d 347, 357, fn. 9, 74 Cal.Rptr. 713, 450 P.2d 33; People v. Burres (1980) 101 Cal.App.3d 341, 355-356,

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