Is resisting or obstructing a police officer a lesser included crime within the charge of battery on an officer?

California, United States of America

The following excerpt is from People v. Jones, 119 Cal.App.3d 749, 174 Cal.Rptr. 218 (Cal. App. 1981):

A more difficult question arises with respect to Penal Code section 148, resisting or obstructing a police officer. A violation of Penal Code section 148 has been held to be a lesser included offense within a charge of battery on a police officer. (People v. Perkins (1970) 9 Cal.App.3d 1048, 1051, 88 Cal.Rptr. 720.) Assault is an attempted battery, and if resisting or obstructing a police officer is a lesser included offense within battery upon a police officer, then it may be asserted that it is also a lesser included offense within assault on a police officer.

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Is resisting or obstructing a police officer a lesser included crime within the charge of battery on an officer?

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