CALCRIM No. 2672. Lawful Performance: Resisting Unlawful Arrest With Force

Judicial Council of California Criminal Jury Instructions (2020 edition)

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2672.Lawful Performance: Resisting Unlawful Arrest
With Force
The defendant is not guilty of the crime of (battery against a peace
officer[,]/ [or] assault against a peace officer[,]/ [or] assault with (force
likely to produce great bodily injury/a deadly weapon/a firearm/a
semiautomatic firearm/a machine gun/an assault weapon) against a peace
officer[,]/ [or] <insert other crime charged, e.g., resisting
arrest>) if the officer was not lawfully performing (his/her) duties
because (he/she) was unlawfully arresting someone.
However, even if the arrest was unlawful, as long as the officer used only
reasonable force to accomplish the arrest, the defendant may be guilty of
the lesser crime of (battery[,]/ [or] assault[,]/ [or] assault with (force
likely to produce great bodily injury/a deadly weapon/a firearm/a
semiautomatic firearm/a machine gun/an assault weapon)).
On the other hand, if the officer used unreasonable or excessive force,
and the defendant used only reasonable force in (self-defense/ [or]
defense of another), then the defendant is not guilty of the lesser crime[s]
of (battery[,]/ [or] assault[,]/ [or] assault with (force likely to produce
great bodily injury/a deadly weapon/a firearm/a semiautomatic firearm/a
machine gun/an assault weapon)).
The People have the burden of proving beyond a reasonable doubt that
the officer was lawfully performing (his/her) duties. If the People have
not met this burden, you must find the defendant not guilty [of
<insert crimes>].
New January 2006
BENCH NOTES
Instructional Duty
The court may give this instruction on request.
AUTHORITY
• No Right to Forcibly Resist Arrest. Pen. Code, § 834a.
• Applies to Arrest, Not Detention. People v. Coffey (1967) 67 Cal.2d 204, 221
[60 Cal.Rptr. 457, 430 P.2d 15]; People v. Jones (1970) 8 Cal.App.3d 710, 717
[87 Cal.Rptr. 625].
• Forcible Resistance to Unlawful Arrest Is Battery or Assault on
Nonofficer. People v. Curtis (1969) 70 Cal.2d 347, 355-356 [74 Cal.Rptr. 713,
450 P.2d 33]; People v. White (1980) 101 Cal.App.3d 161, 166 [161 Cal.Rptr.
541].
563
• Use of Reasonable Force in Response to Excessive Force Is Complete
Defense. People v. White (1980) 101 Cal.App.3d 161, 168 [161 Cal.Rptr. 541].
• May Not Be Convicted of Resisting Unlawful Arrest. People v. White (1980)
101 Cal.App.3d 161, 166 [161 Cal.Rptr. 541]; People v. Moreno (1973) 32
Cal.App.3d Supp. 1, 10 [108 Cal.Rptr. 338].
SECONDARY SOURCES
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, §§ 73.11[2][b], 73.15[2] (Matthew Bender).
CALCRIM No. 2672 CRIMES AGAINST GOVERNMENT
564

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