Commonwealth v. Mistretta

After a Superior Court jury trial, the defendant was convicted of assault and battery by means of a dangerous weapon, and assault and battery as a lesser included offense of assault and battery causing serious bodily injury. These charges stemmed from two episodes (in June and September of 2010) in which arguments between the defendant and the victim (his live-in girlfriend) escalated into violence.1

The jury were instructed on both intentional assault and battery and reckless assault and battery. In this appeal, the defendant contends that the trial judge was required, sua sponte, to give a…