Leaf Blowing Fiasco Leads to Aggravated Battery Charges
February 24, 2022 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share
Earlier this month, Kyong Moulton, a sixty-six-year-old woman living in Palm Bay, was accused of stabbing two of her neighbors and pushing their elderly mother to the ground. The case has made headlines throughout Florida and across the nation, leaving us to wonder what could have happened between these neighbors for the notorious “Florida Woman” to garnish such significant attention yet again. Surprisingly, the answer lies in something almost too ridiculous to believe – leaves.
The Interesting Details
The incident began when Moulton noticed leaves on her front lawn when she arrived home on a Sunday. She assumed they had been placed there by her neighbors across the street and, in turn, got out her leaf blower and began blowing the leaves onto their lawn. The neighbors, a man and his elderly mother, saw Moulton do this and left their home to confront her about her actions. A conflict ensued, and soon the man’s sister emerged from the home and tried to intervene to deescalate the situation. As a result, Moulton slapped the sister, and a physical altercation that would lead to an array of seriously violent acts began.
The arrest affidavit states that soon after the brawl began, Moulton used a steak knife to stab the man’s sister in her leg. Moulton then stabbed the man with the steak knife in his arm and pushed their elderly mother to the ground.
Moulton denies the allegations that she stabbed either of her neighbors. Although surveillance video has been recovered that shows the confrontation between Moulton, the man, his sister, and their mother falling to the ground, it does not show either neighbor being stabbed by Moulton. Furthermore, police reported that they did not recover a knife from the scene of the crime.
Moulton was charged with two counts of aggravated battery for her actions against the man and his sister, and one count of battery on a person 65 years of age or older for her actions against their elderly mother. Under Section 784.045 of the Florida Statutes, a person commits aggravated battery when, in committing battery, they
- Intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement; or
- Use a deadly weapon
Aggravated battery is a second-degree felony, punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine. Furthermore, under Section 784.08 of the Florida Statutes, assault or battery on a person 65 years of age or older requires the reclassification of offenses. The statute states the following:
(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
Therefore, the one count of battery on a person 65 years of age or older is reclassified to a third-degree felony, punishable by up to five years in prison, a $5,000 fine, and five years of probation. To read more about battery in Florida, visit our page here.
Tallahassee Criminal Defense Attorney
Unfortunately, Florida has no shortage of “Florida Man” or “Florida Woman” news stories that often leave readers shaking their heads in bewilderment. However, situations like this shed light on the fact that altercations can happen in the blink of an eye, leaving you to wonder how things “blew up” so quickly. If you or a loved one have been charged with a crime involving any charge of battery, contact a qualified Tallahassee criminal defense attorney. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have experience defending Floridians against all kinds of battery charges and will ensure every defense is explored in your favor. Give us a call at (850) 681-7777 or send an online message to discuss your legal matter during an open and free consultation with an attorney in our legal team.
Written by Sarah Kamide