How Much Is Bail for Different Crimes in CaliforniaRetry

Getting arrested throws you into a legal system most people don’t know much about. One of the first questions that comes up: how much will bail cost?

The bail amounts by crime in California vary dramatically depending on what you’re charged with. A misdemeanor might mean a few thousand dollars or even release without paying anything. A serious felony can mean hundreds of thousands or no bail at all. 

Each county publishes a bail schedule—a standardized list showing how much bail costs for different charges before you see a judge.

How California Bail Schedules Work

Every county in California maintains its own bail schedule that lists presumptive bail amounts for different offenses. 

When police arrest someone without a warrant, they use this schedule to determine how much bail that person needs to post for release before their first court appearance.

The bail schedule serves several purposes:

• It provides consistency in how bail gets set across similar cases
• It allows people to post bail and get released quickly without waiting for a judge
• It gives judges a baseline when they need to adjust bail amounts later

Counties update their bail schedules regularly, usually once a year. While the specific amounts vary between counties, the overall framework remains similar throughout California.

Misdemeanor Bail Amounts

Misdemeanors are less serious crimes that typically carry maximum sentences of one year or less in county jail. Bail amounts for misdemeanors are significantly lower than for felonies.

Standard misdemeanor bail ranges:

• $1,000 to $2,000 for misdemeanors with six-month maximum sentences
• $2,000 to $5,000 for misdemeanors with one-year maximum sentences
• $10,000 for “wobbler” offenses that can be charged as either misdemeanors or felonies

Common misdemeanor charges and typical bail amounts:

• Simple battery: $2,000
• Petty theft: $1,000 to $2,500
• DUI (first offense): $2,500 to $5,000
• Domestic battery: $2,000 to $15,000, depending on circumstances
• Vandalism under $400: $1,000

Many people arrested for minor misdemeanors don’t have to post bail at all. Instead, they receive what’s called an “own recognizance” release, where they simply promise to appear in court without paying money up front.

Felony Bail Amounts

Felonies are serious crimes punishable by more than one year in state prison. Bail amounts for felonies are substantially higher and calculated based on the maximum potential prison sentence.

General felony bail calculation:

California counties typically use a formula where bail equals a certain amount multiplied by the maximum prison term. For example, many counties set bail at $5,000 per year of potential prison time.

Common felony charges and typical bail amounts:

• Residential burglary: $50,000
• Grand theft: $20,000 to $50,000
• Assault with a deadly weapon: $30,000 to $50,000
• Robbery: $50,000 to $100,000
• Drug possession with intent to sell: $25,000 to $50,000
• Domestic violence with injury: $50,000
• Vehicle theft (carjacking): $100,000

Some serious and violent felonies carry much higher bail:

• Rape: $100,000 or no bail
• Murder: No bail or $1 million+
• Kidnapping: $100,000 to $1 million
• Human trafficking: $150,000 to $250,000

Factors That Increase Bail Amounts

Several factors can push bail higher than the standard schedule amount:

Prior Criminal Record

Previous convictions, especially for similar offenses or violent crimes, substantially increase bail. Someone with “strike” convictions under California’s Three Strikes Law may face doubled or tripled bail amounts.

Enhancements

Specific circumstances that make a crime more serious add to bail:

• Using a firearm: Additional $25,000 to $100,000
• Gang involvement: Additional $25,000 or more
• Great bodily injury to victim: Additional $25,000 to $50,000
• Prior strike convictions: Bail doubled or more

Multiple Charges

When someone faces multiple charges:

• If charges stem from a single incident, bail is typically the highest amount for any one charge
• If charges involve different victims or occurred on different dates, bail amounts may stack (add together)
• Serious and violent felonies always stack, regardless of when they occurred

Victim Factors

Certain victim characteristics can increase bail:

• Elderly victims (over 65): Bail enhanced by 25% to 50%
• Child victims (under 14): Bail enhanced by 50% or more
• Peace officers: Bail significantly increased

When Bail Gets Set at Zero or “No Bail”

California allows release without bail for many lower-level offenses. Recent reforms have expanded zero-bail releases, particularly for non-violent misdemeanors.

Offenses commonly eligible for zero bail:

• Most traffic violations
• Minor drug possession
• Shoplifting under $950
• Trespassing
• Public intoxication
• Many first-time misdemeanors

When bail is denied completely:

• Capital crimes (potentially punishable by death)
• Murder charges
• Certain violent felonies with prior convictions
• Cases where the person poses a danger to specific individuals
• Probation or parole violations
• When evidence shows the person is a flight risk

How Judges Adjust Bail After Arrest

The bail schedule only applies until someone’s first court appearance. After that, judges have wide discretion to adjust bail up or down.

Judges consider:

• Severity of the alleged crime
• Defendant’s criminal history
• Flight risk (ties to the community, employment, family)
• Danger to public safety
• Financial resources
• Likelihood of appearing at future court dates

A judge might lower bail if:

• The defendant has strong community ties
• They have stable employment
• They have no prior failures to appear
• The evidence against them appears weak
• They can’t afford the scheduled amount

A judge might increase bail if:

• The defendant has failed to appear in court previously
• They pose a danger to specific victims or the community
• They have significant financial resources and the scheduled bail wouldn’t ensure their appearance
• New information reveals more serious circumstances than originally known

Variations Between California Counties

While the overall framework is similar, specific bail amounts vary significantly between counties.

Example differences:

• DUI bail ranges from $2,500 in some counties to $10,000 in others
• Second-degree burglary might be $20,000 in one county and $50,000 in another
• Drug possession charges vary from $10,000 to $30,000, depending on the location

Larger counties like Los Angeles, San Diego, and Orange County tend to have more detailed bail schedules with more specific amounts for different offense variations. Smaller counties often use more general categories and catchall provisions.

The Role of Defense Attorneys in Bail Matters

High bail can trap people in jail while their case moves through the courts. Being locked up makes it harder to work with your attorney, keep your job, and take care of your family—all while you’re still presumed innocent.

Law firms throughout California handle these bail issues for clients facing criminal charges. David P. Shapiro Criminal Defense Attorneys represents people in San Diego and Chula Vista who need help with bail hearings and the underlying criminal cases.

The bail amount set at arrest isn’t final. With the right legal arguments and evidence, many people secure lower bail or alternative release conditions that let them fight their case from outside custody.

This article is provided for general informational purposes only and does not constitute legal advice. Laws and legal procedures can change, and the application of law depends on the specific facts of each case. For guidance regarding a particular situation, consult a qualified criminal defense attorney licensed to practice in California.