In terms of California Penal Code Section 594 is this a misdemeanor or felony?

I got in a intense fight with a friend for a few days ago and ended up break their phone. They are now telling me they are thinking about pressing charges. He had an iPhone but got it on contract so paid a subsidized price. If he goes through with it would the court go by the prce he paid for it which was like $199 or full retail price (+$500)?

Added (1). Price* he paid for it

They would go by the amount of his economic loss, that which would be required to make him "whole". If he can't get the subsidized price, then the full retail price (less depreciation for the amount of time he had it before you destroyed it) would be the basis.

Felony. In accordance with Ca 594 PC, when the value is $400 or more, a felony is charged. The court would look at the value, not the subsidized price.

The "value" is the fair market value of an item of the age and condition of the item lost--in other words, what it would cost to replace the item with one of like condition and age. (People v. Thygesen (1999) 69 Cal. App.4th 988.) Since this is a "wobbler" (an offense that can be charged as a misdemeanor or felony), I think it likely that a prosecutor would file this as a misdemeanor--in which case the value would not make much difference. If a prosecutor actually filed it as a felony, I think the State would have a hard time proving a fair market value of over $400.

BTW, individuals do not "press charges." You will be charged with a crime only if a prosecutor charges you with a crime.

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