Legal Question in Technology Law in California

Depends on his prior record and whether he hires a lawyer. I am surprised you were able to get the police interested. If he pleads guilty or is convicted after a trial, you should have a slam-dunk lawsuit against him, see an attorney in your locality and watch out for legal time limits.

Penal Code section 502(d)(1) provides that a PC 502(c)(4) offense is punishable by a fine not exceeding $10,000 or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or both that fine and imprisonment.

The many possible combinations and the sliding scales show that (a) the offense is a so-called "wobbler," which the D.A. can file as either a misdemeanor or a felony, and (b) it is one that can be committed in varying degrees of severity and injury. The decision whether to charge a misdemeanor or a felony is up to the D.A., not the police, but I'd guess the D.A. will go with a police recommendation.

Further, the D.A., the judge, the probation department and the defendant and his lawyer will have several opportunities to interact, plea bargain, consider possible mitigation or defenses, etc. before sentencing. If I had to guess, unless they guy has a record, he'll get 90 days suspended sentence, a small ($500?) fine, and probation.

Let me know when he is sentenced what he gets; I'm curious.

I agree with Mr. Whipple's answer. Mr. Stone is right that the quality of your boyfriend's lawyer and the extent of his criminal record (if any) will be substantial factors. He's also right that a conviction would make it easy to establish your ex's liability in a civil suit, but that tells us nothing about the amount of damages you might be awarded or whether you would be able to collect from him.