Some of the most common crimes in California are assault and battery offenses. The terms "assault" and "battery" are often used interchangeably, but they are two distinct offenses. According to the law, assault is an unlawful attempt with the present ability to cause harm to another person. On the other hand, battery is defined as any willful and illegal use of violence or force on another person. Battery involves the use of force to inflict physical injury on another person. Assault can be considered a battery, but it also encompasses the intent to inflict injury.
The court can convict you of assault even if you do not make physical contact with the victim. Assault also involves making threats and inflicting fear on someone else. In some situations, assault can be aggravated assault, which is a serious crime that involves the use of a weapon when assaulting a victim or vulnerable people like seniors and children. If the police arrest your loved one for an assault or battery offense, Alana’s bail bonds can help you post bail to seek their release from jail in San Diego.
Assault And Battery Bail Bonds
The law allows you to post bail for your loved one if he/she is arrested for assault or battery. Bail is a financial and written contract that confirms a defendant's agreement to appear in court on the scheduled dates. You can seek the services of a bail bondsman if you do not have enough money to post bail in cash. Sometimes, the judge can release a defendant without requiring bail, whereby the defendant agrees to appear in all court proceedings by signing a written contract.
Bail bond companies often offer bail bonds. They will cover the costs for the defendant and guarantee the court that the defendant will attend all scheduled court dates. The defendant will be released from custody until the hearing once the bail bondsman posts bail. However, you will be required to pay a service fee to obtain bail for your loved one. The cost is referred to as a premium, typically 10% of the total bail amount.
Posting bail helps a defendant avoid staying in jail. The defendant will have ample time to work with their attorney once he/she is released. The arrestee will also be able to develop a defense for their charges. The defendant will remain in detention until he/she goes to court if you fail to post bail.
The judge can also deny the defendant bail for assault and battery charges. This can happen for severe felonies, defendants who pose a flight risk, and those with a record of offenses.
The Cost Of Assault And Battery Bail Bonds
The laws governing violent crimes like assault and battery are very strict. A defendant can be held in jail for months or face a state prison sentence if charged with a felony. The court can also impose a hefty fine, ranging in the tens of thousands of dollars, on the offender.
The following are some of the factors that will determine the cost of assault and battery bail bonds:
- The nature of the crime, whether it is a misdemeanor or a felony. A defendant will face a higher bail amount for a felony than for a misdemeanor.
- The severity of the crime — The defendant will face a higher bail amount if he/she used a weapon or if he/she intended to inflict harm or kill the victim.
- The defendant’s criminal record — A first-time offender will face a lower bail amount than one with a criminal record.
- Whether a defendant is a threat to the community — The court can impose a lesser bail on a defendant with strong ties to the community.
- A defendant’s financial and employment status — The judge can impose a lesser bail on a defendant with stable employment.
- The history of attending court proceedings — The court could impose a higher bail on the defendant who had missed previous court hearings. A defendant can also be denied bail if he/she has skipped any past court dates.
The judge will check California’s bail schedule when evaluating assault and battery charges during the bail hearing. Additionally, the court will consider the above factors to determine if the defendant is eligible for bail.
A misdemeanor simple assault charge can attract an average bail of $5,000 to $10,000. Sometimes, a defendant can be eligible for release on recognizance or less than $5,000 bail if he/she commits simple assault for the first time.
An assault with a deadly weapon offense can attract an average bail of $25,000 to $50,000. If aggravating factors, such as prior convictions, exist, a defendant may face a bail exceeding $100,000.
The legal service fee for securing a bail bond for your loved one is 10%. Good and reliable bail bond companies have no hidden charges and do not charge interest fees. Additionally, a good bail bondsman will offer you an affordable, flexible, and interest-free payment plan, as paying for the service can be costly.
Bail Schedules
A bail schedule is a list that the judge refers to when deciding a specific amount of bail for different offenses and their corresponding severities. A judge will consult a bail schedule for any bailable misdemeanor, infraction, or felony. You can also review the bail schedule to know the amount to post for your loved one. On the other hand, a judge has the power to lower or increase the bail amount. Sometimes, the police or prosecutor can petition the court to increase the defendant’s bail above the amount specified in the bail schedule.
However, many bail bond companies offer bail bond services at discounted prices for specific individuals. A defendant can access a discount if he/she fall into any of the following groups:
- Military members
- Homeowners
- Teachers
- First responders
- Government employees, and
- Eligible union members
Choose a bail bond company that provides fast and easy payment plans that minimize stress and make bail bonds more accessible.
Factors To Consider When Choosing An Assault And Battery Bail Bonds Company
It is important to understand your options if your loved one is arrested for an assault and battery offense. Seek the services of a bail bondsman specializing in assault or battery bail bonds. A good bail bondsman will offer seamless, reliable, and fast bail bonds, as well as 24/7 access to professional advice. The following are the qualities of a trustworthy bail bond company:
- 24/7 access to telephone and online services
- In-person services available
- Friendly, skilled, and experienced bail bondsman
- 100% confidentiality
- Transparent pricing with no hidden fees
- Zero-percent financing available
- Bilingual bail bondsmen who speak English and Spanish
- No judgment, trustworthy, accurate, and helpful advice
- Available military discounts
- Discounts for teachers, first responders, homeowners, eligible union members, and government workers
- No collateral is required
- Tailored advice for every client
- Competitive costs
Simple Assault And Release On Own Recognizance
After the arrest of a defendant, you will want them to be released as soon as possible. Certain factors will influence whether the defendant will be set free on bail. This can include the type of criminal charge and the defendant’s risk of failing to appear in court. The judge can hold the defendant in custody for a felony offense until trial or release the defendant upon posting bail. The defendant can also be released on own recognizance for a minor charge. However, a defendant will still be ordered to attend the court for future hearings. If the defendant fails to attend the court proceedings, the judge can issue a warrant for their arrest.
A personal recognizance bail allows the defendant to leave custody without having to post bail. The defendant must promise to attend the court without additional bail conditions. The court will order the defendant to sign a written agreement to attend future hearings.
After an arrest, the defendant will appear in court during arraignment for the judge to determine if the defendant is eligible for release on bail. Your loved one will remain behind bars if the court believes that he/she is a danger to the community, a threat to the public, or a flight risk. However, most defendants qualify for bail for assault and battery crimes.
When You Do Not Have Money To Post Bail For Your Loved One
Sometimes, financial bail requirements can prevent you from posting bail for a defendant, especially if you have a low income. This can happen even if the defendant is not charged with any crime. You can request the judge for personal recognizance bail if you do not have sufficient bail. With the help of an attorney, you can petition the court to lower the bail. The chances of having a defendant released on a personal recognizance bail can increase if he/she has the following:
- Supportive family or children
- Strong connection with the community
- A local apartment or home, or
- A local job or business
Failure To Attend Court Hearings
If the defendant is released on bail and fails to appear in court, the court will issue a failure-to-appear order against them. The severity of failing to appear in court depends on the underlying offense. Your loved one will face misdemeanor charges if he/she failed to show up for a misdemeanor crime hearing. Similarly, the defendant will face felony charges if he/she fails to show up for a felony crime hearing.
Law enforcement will arrest the offender the next time they run into them if the offender has a bench warrant for failure to appear in court. The judge can refuse to release the defendant on own recognizance for any subsequent criminal charges if the defendant is charged with a failure to appear. The court can also impose electronic monitoring on your loved one and other conditions of release.
Assault And Battery Bail Bonds And Bounty Hunters
A defendant must show up for a court trial on the designated date and time if arrested for assault and battery and released on bail. If the offender fails to appear, the bail is forfeited, and the court issues a warrant for their arrest. At this point, the bail bondsman can seek the services of a bounty hunter. Also known as bail enforcement agents, bounty hunters pursue the defendant and bring them back to court.
The following are some of the reasons why bail bondsmen use bounty hunters:
Bounty Hunters Are More Flexible
Bail bondsmen have a duty to ensure defendants show up in court when needed. A bail bondsman must pursue a fugitive, which can be a costly and time-consuming process. However, a bounty hunter is flexible and has enough time to pursue defendants who skip bail. Sometimes, a bounty hunter can use their resources and techniques to track and arrest the defendant.
The Bail Bondsman Can Lose Money
If the defendant forfeits the bail, the bail bondsman can lose the money he/she pledged as collateral. A bail bondsman will seek the services of a bounty hunter to avoid losing the money committed as bail. A bounty hunter will get a percentage of the bail after bringing the defendant back to court.
It Can Be Hard To Track Down The Defendant
The bail bondsman is charged with the duty of re-arresting a defendant and taking them back to court if he/she fails to show up for court hearings. The bail is forfeited if the bail bondsman fails to find the defendant within the designated period. A bounty hunter will be beneficial, as they possess the required skills and experience to track the defendant, which can be challenging for a bail bondsman to do.
Find a Reputable Bail Bondsman Near Me
The police can arrest your loved one for committing an assault or battery crime. However, you can post bail to secure the release of a defendant with the help of a reliable bail bondsman. Posting bail for a defendant will give them ample time to develop a defense strategy with the help of an attorney. You should consult a skilled and licensed bail bondsman to get the most out of bail bonds. At Alana’s Bail Bonds, we have helped many defendants post bail for assault and battery charges. We can secure the release of your loved one within the shortest time possible in San Diego. Call us at 619-468-9333 and consult one of our experienced bail bondsmen.
