Does a defendant violate section 69 of the California Criminal Code by resisting arrest by force or violence?
California, United States of America
The following excerpt is from People v. Johnson, F060077, Kern Super. Ct. No. BF129298A (Cal. App. 2011):
A defendant violates section 69 by resisting an officer in the performance of his duties by force or violence. (People v. Carrasco (2008) 163 Cal.App.4th 978, 984.) Moreover, the use of violence to overcome reasonable force employed in a lawful arrest is an assault. (People v. Montiel (1993) 5 Cal.4th 877, 916.)
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