BY | October 31, 2025

Bail plays a fundamental role in the criminal judicial process by permitting defendants to secure pretrial release. However, the requirements and process for how bail works vary from one crime to another and the case circumstances. Understanding these factors can help you and your family navigate the process seamlessly. This article provides an overview of bail by crime type, including felony vs misdemeanor bail.

Assault and Battery Bail Bonds

Individuals often use these two terms interchangeably, but they are distinct crimes.

Assault consists of attempting to inflict an injury on another person. On the contrary, battery involves a deliberate and illegal use of force or violence on another party. Battery refers to using force to harm someone else. Assault results in battery if there is an intent to inflict an injury.

Even without any physical contact with the person, the prosecutor could file assault charges against you. Another example of assault is making threats or inflicting fear on someone else. Sometimes the assault may be prosecuted as aggravated assault if you used a weapon during the commission of the crime or you assaulted vulnerable individuals, like minors and seniors.

Bail by crime type primarily depends on several factors, including your criminal history and the severity of the offense. Understanding these factors can help you navigate the bail process effectively. Here are the felony vs misdemeanor bail schedule amounts for different crimes in San Diego:

• Assault — $1,000

• Assault on a peace officer — $5,000

• Assault on aw eforcers — $10,000

• Battery on a highway worker — $5,000

• Battery on a law enforcer — $10,000

• Battery causing severe bodily injury — $10,000

• First battery charge — $8,000

• Second battery charge — $10,000

• Assault using a deadly weapon or force likely to inflict great bodily injury—$10,000

Domestic Violence

A person commits domestic violence when they physically harm an intimate partner. An intimate partner includes your former or current spouse, coparent, registered domestic partner, or boyfriend/girlfriend.

Some of the factors that judges consider when setting bail amounts in domestic violence cases are as follows:

• The seriousness and nature of the alleged criminal activity — If, for instance, your DV charge is a felony like assault with a deadly weapon, the higher the perceived threat, leading to a huge bail amount or even bail denial.

• Your criminal history — If you have a previous violent crime or domestic violence conviction, the court might set a higher bail bond. The court considers a repeat offender a threat to society and the victim, which could justify a higher bail amount or even bail denial.

• The court will analyze your possibility of returning to court for your scheduled proceedings. If the court believes you will flee California to avoid prosecution, it will increase your bail amount. When making this decision, the court considers your family connections, employment status, and community ties. Robust community ties could lead to a lower set bail amount.

Domestic Violence Crimes Bail by Crime Type

Here are the felony vs misdemeanor bail schedules for some domestic violence-related cases:

• Child abuse — Child abuse involves inflicting an injury on a minor or corporal punishment. Unlike punishment that causes injury or is cruel, the law does not consider mild spankings child abuse. The bail schedule amount in San Diego is $500.

• Child neglect — Child neglect is a misdemeanor and becomes a felony if the parent refuses to offer care to the child once the court declares the party a parent. The bail schedule amount in San Diego is $500.

• Child endangerment — Child endangerment is deliberately allowing or causing an underage child in your care to sustain injuries or harm, or putting their safety or health in danger. The bail schedule amount in San Diego is $500.

• Stalking — Stalking involves harassing or threatening someone else, causing them to fear for their safety or that of their loved ones. The prosecutor can file stalking charges as either a misdemeanor or a felony, depending on the specific case facts. The bail schedule amount for a first-time conviction in San Diego is $20,000.

• Criminal threats — Criminal threats involve threatening another person with severe harm. The bail schedule amount in San Diego is $500.

• Elder abuse — Elder abuse comprises inflicting on a victim over 65 either emotional abuse, physical abuse, financial fraud, neglect, or endangerment. If the abuse of an elder is likely to cause great bodily harm, the bail schedule is $15,000. Bail schedule for elder abuse involving theft of an amount not exceeding $950 is $10,000.

• Revenge porn —Revenge porn is a form of cyber harassment. Revenge porn occurs when there is the distribution of sexual images of someone else, who may be your former intimate partner, with the motive to inflict emotional distress on them.

• Aggravated trespass occurs when one party makes a criminal threat to someone else or accesses that person’s workplace or home within 30 days to actualize the threat. The bail schedule amount in San Diego is twenty-five dollars.

• Damaging a phone line—Damaging a phone line comprises maliciously impairing or cutting any telephone line or related machines.

• Posting harmful information on the internet — The new misdemeanor, also called cyberstalking or indirect electronic harassment, involves emailing or posting harmful information about another person with the motive of inciting other people to harass that individual.

Conditions of Release in Domestic Violence Cases

The judge can impose the following conditions of release after posting bail:

• No contact with your alleged victim, either via text, phone, or any third parties

• Surrendering of all weapons or firearms

• Keeping off any shared residence

• Completing counseling or anger management classes

• Travel restrictions to remain within the county or state

A violation of these court-imposed conditions could result in the revocation of your bond and an immediate arrest.

Felony vs Misdemeanor Bail for Drug Crimes

The bail amount the judge sets varies depending on the severity and type of the crime. It can be several hundreds or thousands if charged with a misdemeanor involving small quantities of drugs. Nevertheless, the amount can reach hundreds of thousands if charged with more severe crimes involving possessing drugs with the intention to sell or drug trafficking.

If the judge believes the source of your bail amount originated from a felonious transaction like drug trafficking, they could hold your money and require you to prove the source during a PC 1275 bail hearing. The most effective way to post bail without law enforcement scrutiny is to use a bondsman.

Some of the common drug crimes are as follows:

• Possession of any controlled substance

• Possessing a controlled substance with the motive to sell

• Selling or transporting for the sale of an illegal drug

Sex crimes

Any offense that is sexual in nature is referred to as a sex crime. Prosecutors file sex crimes as either felonies or misdemeanors based on the case facts.

California law enforcers take sex crimes seriously, and judges consider the following factors when setting bail by crime type amount:

• The gravity of the criminal activity (the sexual conduct you engaged in)

• The age of the alleged victim and the age difference with the accused

• The defendant's criminal history

• The victim's overall health

• The risk the defendant poses to the victim and the community if released

Reduction of Bail Bond Amount During Bail Hearing

A bail hearing is your opportunity to request the court to either lower your bail amount or eliminate it and release you on your own recognizance. When determining your bail amount, the court considers your criminal history, ability to pay, the severity of the crime, and the potential impact on public safety.

If you are charged with a violent felony or serious felony, the court will not lower your bail amount below the scheduled amount unless it discovers good cause.

A seasoned attorney has the requisite experience needed to advocate for your rights and present your case professionally to increase your odds of a favorable outcome. Your lawyer can file motions and present legal arguments or evidence to convince the judge to reconsider the court’s decision, including modifying your bail conditions.

Common Sex Crimes

Some of the common sex offenses in California include the following:

• Date rape — It is an act of sexual intercourse with a person with whom the perpetrator is not married to. Force is usually at play, though not always. Date rape also differs from normal rape because there is usually some personal relationship between the victim and the defendant.

• Child sex abuse — Child sexual abuse happens when someone with access to an underage minor commits three or more sexual, lascivious, or lewd acts with the child. There must be an interval of three months between the first and last sex abuse acts, and the child must be below 14 at the time.

• Statutory rape — In California, people under 18 years cannot have consensual sex with an adult. Therefore, even a so-called consensual sexual relationship with a minor makes you liable for criminal prosecution. If you engage in any sexual activity with an underage child, the prosecutor could file statutory rape charges against you.

• Forcible rape — Rape occurs when sex between two adult individuals above 18 becomes non-consensual. Sometimes substantial acts of violence against the victim are involved in the crime commission.

• Lewd and lascivious acts with a mior — When a lewd act is committed against a minor, the offense becomes child molestation. Per California law, an individual who commits any of these acts against a minor below 14, with the motive to arouse, appeal to, or gratify their lust, passions, or sexual desires or those of the minor, will be prosecuted for a felony.

• Sex Offender Registration Breaches — Under California law, some defendants must register as sex offenders, and failure to comply with this regulation attracts legal penalties.

• Indecent exposure — It occurs if someone exposes their genitals while in the presence of someone who may find the behavior offensive or annoying, and the defendant intends to draw public attention to their genitals for sexual gratification. Its bail schedule in San Diego is $10,000.

• Lewd conduct — Lewd conduct can involve a defendant engaging in public lewd conduct or soliciting someone else to engage in this conduct. The criminal charge can arise from a sting operation.

Driving Under the Influence (DUI)

DUI happens when you drive a car while under the influence of alcohol or drugs. In California, the legal blood alcohol concentration is 0.08% for adult motorists and 0.01% for underage drivers.

Like most crimes, bail for DUI varies depending on many factors, and the amount can range from a few hundred to tens of thousands of dollars. If you do not have enough money to post bail upfront, you can work with a bondsman to post surety bonds on your behalf.

Here is what to expect when applying for a DUI bond:

• Initial case review — You will first need to contact your professional bondsman. During this initial consultation, you will provide your personal information and details regarding the charges against you. The bondsman will evaluate the case and explain your bail amount, legal requirements, and the necessary steps to secure your release.

• Following the consultation, you should submit the relevant documents, including your personal details, information about your charge, and proof of identification. Your bondsman might also require you to present a cosigner or collateral to secure your bond. A bondsman can help you fill out the relevant documentation to minimize delays.

• Posting the bond — Upon the completion of the documentation, paying the required ten percent premium, and signing of the agreement, the bondsman will promptly process your bond. They will contact the court regarding posting your bail to ensure you get freed from custody quickly.

• Release from custody—The court will release you. How long it takes the court to release you depends on numerous factors, like how busy the jail is that day. The bondsman can do all they can to reduce the time behind bars. The DUI bondsmen know how to expedite the procedure to avoid delays.

• Continuous guidance and support — Upon release, the DUI bondsman will continue to offer support and guidance through all legal obligations, including court appearances, and clarify the bail agreement terms to avoid potential issues that may result in legal difficulties or even re-arrest.

Find a Knowledgeable Bondsman Near Me

The amount of bail a judge sets varies based on factors like community ties, criminal history, and the severity of the alleged crime, including felony vs misdemeanor bail. Understanding how bail by crime type works is key to navigating California's criminal judicial process. It also emphasizes the importance of seeking professional help. The knowledgeable bondsmen at Alana's Bail Bonds can dedicate time to answer your questions and explain what to expect with bail and your available options. Please contact us at 619-468-9333 to schedule your initial, free consultation.