Assault is defined as the direct or indirect application of force upon another individual, with the intent to commit harm. This type of assault is classified as a criminal act and poses a threat to the public safety of individuals. Depending on the type of assault, the severity and nature of it, and the criminal background of the accused person, the defendant might end up in state prison.
According to Section 265 of the Criminal Code in the state of California, assault is considered a severe violation an individual can commit. Even a threat of assault is enough for the victim to file charges of assault and legally prosecute the accused person.
The California Penal Code, Sections 240-248 classifies assault with a deadly weapon as one of the most serious crimes in the state that’s punishable with imprisonment, fines ranging up to $12,000, and/or life in jail, depending on the severity of the crime. This type of assault is commonly known as ADW or aggravated assault.
If you or a loved one has been arrested for assault, you are probably trying to figure out how much is bail for assault in California. There are many factors that go into determining your total bail amount and below we will work to help you better understand what you could be facing.
Once you have a total bail amount set, use our online bail bond calculator to help you determine the total nonrefundable fee you’ll need to pay a California bail bond agent to post bond on your behalf.
Types of Assault
There are several types of assault classified into:
- Simple assault – a minor charge where the victim has no injuries; it can be a threat, a slap on the face, or a little push to the victim. The defendant will likely not face jail time unless they have been prosecuted legally for related crimes.
- Wobbler assault – can be charged as a misdemeanor or felony and includes assault done to a juror, school district officer, or custodial officer, along with DUI, burglary and many other crimes.
- Simple battery – a punch to the face, hitting someone with a small object, or pushing someone are all considered a simple battery assault; However, battery done to healthcare providers or public workers like animal control officers, lifeguards, firefighters, etc., will likely result in serious penalties.
- Aggravated assault – involves severe injuries caused by objects that might endanger the life of the attacked person; Some of the forms of aggravated assault are sexual assault, assault to a police officer, sexual assault with a weapon, etc.
- Assault with a deadly weapon – this is an act of violence where a deadly weapon is used in conflicting the injury; weapons like knives, ropes, rocks, guns, etc., are used and the accused can get maximum jail time if they cause great bodily injury to the victim.
- Assault that leads to bodily harm – involves a more serious form of attack that ends up with a bodily injury like a black eye, a broken nose, broken ribs/leg/arm.
How is the Total Bail Amount Determined?
The total bail amount is determined by the judge. It’s the amount that the defendant will need to post to be released from jail. If the defendant does not have enough money to pay the total bail amount, they can choose to work with a California bail bond agent. A bail bond agent will post bond on their behalf for a nonrefundable fee that is equal to 10% of the total bail amount.
Setting the Bail
The bail schedule is different in every state and county. For instance, if a person is arrested for physical assault/domestic violence in San Bernardino County, the bail might be different than it would be in Orange County. The bail amount depends on various factors and is determined when the defendant appears in court for the first time.
Furthermore, in San Diego County, the bail for assault ranges from $1,000 to $100,000, in Riverside County up to $20,000, and Orange County up to $25,000.
– Los Angeles Bail
Los Angeles bail amount is different for each offense. For example, a bail for threatening the life of a judge or an official can be up to $100,000. Assault of an officer under color of authority is up to $35,000 and a bail for a murder could be up to 2 million dollars. If the murder is with special circumstance, it could be not bailable and the person will stay in prison until the date of trial.
Vehicular manslaughter due to gross negligence is bailable with a total bail amount of up to $100,000, while voluntary manslaughter’s bail is $100,000.
Factors Influencing the Bail Amount
The criminal courts in California take into consideration several factors when determining the total bail amount. According to the California Penal Code §1275, the factors influencing the bail are:
- Whether the defendant has a criminal record history that includes assault or any offenses, like possession of a controlled substance.
- Whether the accused person is at risk of fleeing the country to avoid court hearings.
- The severity of the offense – higher-degree felonies get higher bail amounts since the judge will consider various factors like the use of a gun, a threat to the victim, or illegal possession and use of narcotics when setting the bail.
What are the Penalties?
The penalties depend on the type of assault. For instance, a simple assault will be charged with the following penalties:
- Up to $10,000 in fines.
- Maximum of 6 months in prison.
- Maximum of 6 months in probation period.
Penalties for a battery can be:
- Up to $2,000 in fines.
- 6 months in probation.
- 6 months in county jail.
However, if the crime is more severe, the penalties will be higher. For example, if the wobbler assault is charged as a felony, the defendant can be sentenced either to a probation period of up to 3 years, up to a $2,000 fine, and/or 16 months (or 2-3 years) in state prison or county jail.
If the battery is against a law enforcement officer, the sentence can be a probation period of up to 3 years, 16 months (or 2-3 years) in state prison or county jail, or a fine of a maximum of $10,000.
The penalties for wobbler assault are punishable by:
- Up to $20,000 in fines.
- Up to 1 year in prison.
- 16 months, 2-3 years in state prison or county jail.
- Maximum of 3 years in probation period.
The penalties for simple assault against a public worker or a healthcare provider are:
- Up to $2,000 in fines.
- Maximum of 1 year in prison.
- Maximum of 1 year in probation period.
The penalties for assault with a deadly weapon are:
- Up to 12 years in prison.
The probation period is set by the court and the defendant must comply with the rules and regulations, attend counseling, or do community service. This is also known as “house arrest” where the individual wears an electronic device that monitors movement.
Restitution is when the accused individual is required to pay a certain amount to the victim for the expenses of the crime committed. If there are felony charges, the defendant can be required to pay between $300 and $10,000 to the victim, or between $150 and $1,000 if the criminal act was charged as a misdemeanor.
What to do Next?
Even though assault charges are not something to take lightly at heart, legal advice is always welcome in such situations. The consequences of a sexual battery or an assault can be serious and end up with severe criminal charges.
If you, a family member, a girlfriend/boyfriend, or a spouse have been arrested, make sure to contact a defense attorney and a bail bond agent to post bond on your behalf. Everybody has the constitutional right to pay bail and get a trial and a proper sentence, so make sure to ask for legal help and hire a lawyer and a local California bail bond agent to help guide you through the process.