Assault and battery are common offenses under California law. People use the terms assault and battery interchangeably, but they are two separate crimes. Under the law, assault is an unlawful attempt coupled with the present ability to inflict an injury on someone else.
On the other hand, battery is any willful and unlawful use of violence or force on someone else. Battery means the use of force to cause physical harm to someone else. Assault can constitute a battery, but it also involves the intent to cause injury. You do not have to make physical contact with someone else to face assault charges. The other example of assault is making threats and causing fear to another person. Sometimes, assault charges are categorized as aggravated assault. Aggravated assault is a more severe offense. The following are examples of aggravated assault:
- Using a weapon when assaulting a victim
- Assaulting vulnerable people, like children and seniors
Assault And Battery Bail Bonds
You can choose to post bail after an arrest for assault or battery charges. Bail is a written and financial contract confirming your agreement to attend a court hearing when required. If you do not have sufficient money, you can post cash bail or work through a bail bondsman. Sometimes, the court can release you without posting bail, whereby you make a written commitment to attend all the court hearings.
Bail bond companies provide bail bonds. A bail bondsman will cover the cost for you and guarantee the court that you will attend all the set hearings. After posting bail, you will secure freedom from jail until your hearing or trial. You will have to pay a fee to secure a bail bond. This fee is known as a bail bond premium, usually 10% of the bail amount.
Assault and battery bail bonds can help you avoid spending time in custody. Once out of jail, you will have sufficient time to work with your attorney to create a good defense for your charges. If you choose not to post bail, you will remain in a correctional facility until you go to court.
The court could also deny your request to post bail in the case of assault and battery charges. The judge could deny bail for severe felonies, individuals with a history of crimes, or those who pose a flight risk.
Cost Of Assault And Battery Bail Bonds
California has strict laws governing violent offenses like assault and battery. You could go to jail for months in state prison for a felony offense, and the court can order you to pay hefty fines. Bail could range in tens of thousands of dollars. Usually, assault and battery bail bonds are set depending on certain factors. Some of the factors that could influence the cost include:
- Whether you honored previous court appearances — if you have missed court hearings before, the cost of bail could be higher. The judge can also choose to deny you bail if you have missed a court hearing before
- Your employment and financial status — The bail amount will likely be low if you have stable employment.
- If you are a threat to the community, judges will set lower bail amounts for people with strong ties to the community.
- Your criminal record — First-time offenders enjoy lower bail amounts than people with a criminal record.
- The seriousness of the offense and the cost of bail could be higher if you used a weapon or if you intended to cause more severe injury or even death.
- The nature of the offense, whether it is a misdemeanor or a felony — Judges set higher bail amounts for felonies than misdemeanors.
When reviewing assault and battery charges at the bail hearing, the judge can check California's bail schedule. In addition, the judge will consider the above factors to determine if you qualify for bail.
Generally, the average bail amount for a misdemeanor simple assault is $5,000 to $10,000. For a first-time simple assault crime, you could sometimes qualify for release on recognizance or bail below $5,000. The average bail for assault with a deadly weapon is $25,000 to $50,000. You could pay over $100,000 if aggravating factors like prior strikes are present.
You must pay the 10% fee to secure a bail bond. Reliable bail bondsmen do not charge interest fees, and there are no hidden charges. We make bail bonds more affordable by offering flexible, zero-percent interest payment plans because paying bail fees can be expensive.
Bail Schedules
California has a bail schedule system. A bail schedule is a list that judges refer to when determining a specific amount for various crimes and severities. Judges check bail schedules for any bailable infraction, misdemeanor, or felony. Your family or a bondsman can review the bail schedule to determine the potential bail amount. However, it is crucial to note that the law allows judges to use their discretion to increase or lower the bail amount.
Sometimes, the arresting officer or prosecutor could request that your bail amount be higher than the bail schedule dictates.
Discounts Available From Bail Bonds Companies
Most bail bond companies provide bail bond services at discounted prices for certain groups of people. You can access a discount if you fall into any of these categories:
- Qualified union members
- Government employees
- First responders
- Teachers
- Homeowners
- Military members
You should choose a bail bond company that offers easy, fast payment plans that reduce stress and make bail bonds more accessible.
Factors To Consider When Choosing An Assault And Battery Bail Bonds Company
It is essential to understand your options if you have been arrested for assault and battery charges. You should choose a bail bond provider specializing in assault and battery bail bonds throughout California. Reliable bail bondsman provide fast, reliable, seamless bail bonds and 24-hour access to expert advice. Some of the qualities of reliable bondsmen include:
- Competitive costs
- Tailored advice for every client
- No collateral is required in most cases
- Discounts for government employees, qualified union members, homeowners, first responders, and teachers
- Available military discounts
- No judgment, accurate, trustworthy, and helpful advice
- Bilingual agents who speak English and Spanish
- Zero-percent financing is available
- Transparent pricing with no hidden fees
- 100% confidentiality
- Experienced, skilled, and friendly bondsmen
- In-person services available
- 24-hour access to online and telephone services
Simple Assault And Release On Own Recognizance
You will likely want to get out of jail immediately after an arrest. Several factors could influence whether you will be released on bail, your risk of not appearing in court, and the type of criminal charges. The court could hold you in jail for felony crimes until your trial or release you after posting bail. The court could also release you on your recognizance for minor offenses. However, you will still be required to attend the court for upcoming hearings. The judge could issue a warrant for your arrest if you fail to show up.
A personal recognizance bail permits you to secure a release from custody without depositing or posting bail. Also known as being released on your own recognizance, personal recognizance bail means you commit to appearing in court without additional bail conditions. The judge could ask you to provide a signature of a written promise to show up for future court dates.
Getting Out Of Jail Without Bail
After an arrest, you will likely appear before a judge at an arraignment to ascertain if you qualify for a release on bail. You could remain in jail if the judge believes you are a danger to the community, a flight risk, or a threat to the public. In most cases, however, you will qualify for bail or cash bonds.
Most judges use bail schedules depending on the criminal charges and your criminal history. The judge could also set bail at the court hearing. A pretrial arrestee could post bail by putting up the money as collateral and as a guarantee that he/she will appear for court hearings. You could seek the services of a bondsman if you do not have enough money to pay the whole bail amount.
The judge could offer you personal recognizance bail for nonviolent crimes, like simple assault or battery. You could qualify for release without bail, but you must promise to appear in court for future hearings. The judge could revoke bail if you fail to appear in court under your own recognizance. In this case, you could remain in custody until your criminal case is resolved.
When You Do Not Have Money To Post Bail
Often, financial bail requirements prevent arrestees with low income from securing their release from custody. This usually happens even if they have not been charged with any offense. You could ask the court for personal recognizance bail if you do not have enough money to post bail. Your friends or family members could also request the same if they cannot gather enough money to bail you out. You could also petition the court to reduce the bail. In this situation, your chances of securing a personal recognizance bail could increase if you have:
- A local job or business
- A local apartment or home
- Ties to the community
- Supportive children or family
Failure To Show Up For Court
The judge could issue a failure-to-appear order if you are released on bail and fail to appear in court. In this case, the court could issue a warrant for your arrest. An arrest warrant for failing to attend court hearings is usually called a ‘’bench warrant’’.
The seriousness of failing to appear for charges depends on the underlying crime for which you face charges. You could face misdemeanor charges if you fail to attend a misdemeanor crime trial. Similarly, you could face felony charges if you fail to attend a felony crime trial.
The police could arrest you next time you run in with them if you have a bench warrant for failure to appear. If you are charged with a failure to appear, the court could refuse to release you on your own recognizance for any subsequent criminal charges. The judge could also impose electronic monitoring on you and other conditions of release.
Assault And Battery Bail Bonds And Bounty Hunters
When arrested for assault and battery and released on bail, you must attend court proceedings on the designated date and time. If you fail, your bail is forfeited, and the judge issues a warrant for your arrest. At this point, a bounty hunter will come in. Also known as bail enforcement agents, bounty hunters track arrestees who skip bail and bring them back to court.
Why Bondsmen Use Bounty Hunters
Here are the leading reasons why bondsmen use bounty hunters:
It Can Be Challenging To Track Down The Arrestee
When you fail to appear in court, a bondsman is responsible for re-arresting you and taking you back into custody. If the bondsman does not find you within a certain period, the bail is forfeited. Since it can be challenging to track down a defendant, bondsmen bring in bounty hunters with the necessary skills and experience to track people who skip bail.
The Bondsman Can Lose Money
The bondsman could lose the money they posted as collateral if you forfeit the bail. A bondsman will bring in a bondsman to avoid losing the amount pledged as bail. A bounty hunter earns a percentage of the bail figure for re-arresting you.
Bounty Hunters are More Flexibility
The bondsman is responsible for ensuring that you appear in court when needed. A bondsman must track your movements and location. This can be time-consuming and expensive for a bondsman. Bounty hunters have more time and are flexible, making tracking people who skip bail easy. Sometimes, bounty hunters could use their resources and methods to locate and apprehend defendants.
Find An Experienced Bail Bondsman Near Me
Have law enforcement officers arrested you or your loved one for committing an assault or battery offense?
You should not despair. With the help of a reliable bail bondsman, you can post bail to secure your release from custody. Posting bail gives you enough time to work on a defense strategy with the help of your attorney. You should only work with a licensed and experienced bail bondsman to get the most out of bail bonds. At Fausto Bail Bonds, we have helped many people post bail for battery and assault charges. We can secure your release from custody within the shortest time possible. Contact us at 855-328-7867 to speak to one of our Palm Springs bondsmen.