Can a defendant be found guilty of an assault under section 69 of the California Civil Code of Civil Procedure for threatening or assaulting a police officer?

Section 69 may be violated either by "attempting with threats or violence to deter an officer from performing his or her duties" or by "resisting an officer by force or violence" while that officer was performing his or her duties. (People v. Campbell (2015) 233 Cal.App.4th 148, 160.) The second type of violation, of which defendant was convicted, requires proof that: (1) he unlawfully resisted an executive officer; (2) the resistance was accomplished by means of force or violence; and (3) he knew the officer was performing his or her duties. (People v. Carrasco (2008) 163 Cal.App.4th 978, 984-985.)