How have courts treated assault and aggravated assault instructions in the context of torture?

finding that he had intended to cause her pain for the purpose of extortion or persuasion when he did so. Thus, there was no substantial evidence supporting the giving of assault or aggravated assault instructions as lesser included offenses to torture. In other words, there was no substantial evidence that only the lesser crimes of assault or aggravated assault, and not the greater offense of torture, were committed. (See People v. Breverman, supra, 19 Cal.4th at p. 162.)