Misdemeanor charges are more serious than “infractions” but less serious than felonies.
Misdemeanor crimes are classified by their potential punishment. Being charged with a misdemeanor in California means that you are suspected of having violated a law for which the sentence is no more than one year in jail. This is in contrast to a felony charge, which would mean you were suspected of having violated a law for which the potential punishment was more than a year in jail.
There are three types of California Misdemeanor Charges:
- “Standard” California Misdemeanors, which are punishable by up to 6 months in jail and/a fine up to $1,000.
- “Aggravated” California Misdemeanors, which are punishable by up to 364 days in jail (less than a year, but more than 6 months) and/or a fine of up to $1,000 or more.
- “Wobbler” Offenses, which are California Misdemeanors that may be charged as a misdemeanor or a felony, depending on the circumstances.
Common Misdemeanor Charges
While the list of misdemeanor charges in California is far too long to list all in one place, here are just a few examples of the laws in California that define misdemeanor charges. You can find a full explanation of the charges and their designation as either a felony or a misdemeanor, in the California Penal Code.
- Driving on a Suspended License – VC 14601.1(a)
- DUI – VC 23152(a)
- Public Drunkenness – 647(f)
- Domestic Violence – PC 273.5
- Reckless Driving – VC 23103 (b)
- Disorderly Conduct – PC 415
- Petty Theft – PC 484 or PC 488
- Shoplifting – PC 459.5
- Soliciting Prostitution – PC 647(b)
- Probation Violations – PC 273.5
A conviction for any one of these crimes would result in a fine of up to $1,000 or more, plus court costs. Bail for these and other misdemeanor charges generally require a deposit to be made with the court in the amount of the expected maximum fines, to be refunded upon completion of the pretrial conditions of release.
What is bail?
Bail is a system that has been used in the United States since before the Revolutionary War. It is a carry-over from English Common Law that allows a person to deposit a sum of money with the court or magistrate in order to obtain a release from jail until a trial can be held. As a part of the bail process, the person accused of a crime assures the court that they will appear for all hearings and proceeding related to the charges against them. Sometimes there are other conditions to their release, as well. If they fail to comply with the terms of their pretrial release, the defendant will be returned to jail to wait until the legal process against him or her can be completed.
How Much is Bail for Misdemeanors?
Bail is determined by the charges against the defendant. Often, there are multiple charges relating to a single incident. Depending on the county you’re in, bail may be based on the single most serious charge, or by adding all of the charges together. A person accused of crimes can also request a bail hearing, to allow a judge to set the bail. A judge has the authority to set bail or release a defendant OR or on their Own Recognizance.
Misdemeanor Bail For PC 243(e)(1) – Battery of a Spouse
The term, Battery of a Spouse, may conjure up images of a badly beaten woman, requiring medical attention. However, Battery of a Spouse does NOT refer to that level of injury. Plainly put, Battery on a Spouse is defined as:
“When a battery is committed against a spouse, a person who is the parent of the defendant’s child, former spouse, fiancé or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship…”
What Constitutes Battery?
Simple battery, under California Penal Code 242, consists of any willful and unlawful use of force or violence on someone else.
Situations that could result in a battery charge include:
- Putting your hands on your girlfriend when you're fighting, even though you don't intend to hurt her, nor do you cause her any harm.
- You shove someone aside as you exit a building in anger.
- Lying in wait for an enemy and beating them up.
It may seem ridiculous that situations so far apart, in intent and result, could all end in charges of battery. But, they can, though the degree of battery may vary. In fact, if you simply try to use force on someone but aren't able to actually put your hands on them, you could be charged with a related crime known as “assault.”
Different Types of Battery
Simple battery is willfully touching someone else in a harmful or offensive manner. Simple battery is a violation of Penal Code 242.
If the battery, or willful use of unlawful force against another person, results in serious injury, you could be charged with “battery causing serious bodily injury,” a violation of Penal Code 243(d).
Battery on a police or peace officer is a violation of Penal Code 243(b) and 243(c) and can be classified as a felony, carrying with it much more serious punishments and fines.
Sexual battery, a violation of Penal Code 243.3, is defined as the unwanted touching of the intimate part of another person for purposes of sexual gratification, arousal, or abuse. This can be charged as either a misdemeanor or felony, depending on circumstances.
Domestic Battery Bail Bonds
Domestic Battery is one of the most common types of battery charges and is a violation of Penal Code 243(e)(1). Domestic battery involves willful and unlawful touching that is harmful or offensive and is committed against a spouse or former spouse, a cohabitant or former cohabitant, a fiance' or former fiance', a person with whom the defendant has had a dating relationship, or the parent of the defendant's child. Sometimes a person can be convicted of domestic battery, even if the victim is not injured in any way. That means that something as simple as pushing your significant other during an argument, grabbing and tearing your boyfriend or girlfriend's clothing, or scratching the face of your significant other, can all result in a charge of battery.
If you, or someone you care about, has been arrested for Domestic Battery, a violation of PC 242, your first thought will be to get them home as quickly as possible. For fast bail bond service, call the experienced, professional bail bondsmen at Mr. Nice Guy Bail Bonds. With locations all over Southern California, Mr. Nice Guy can have a bail bondsman by your side in no time and have your friend or family member out of jail FAST!
For Domestic Battery Bail Bonds, call Mr. Nice Guy Bail Bonds at (844) 400-2245.
Misdemeanor Bail Bonds for DUI
While driving under the influence of drugs and alcohol is illegal throughout the United State, the State of California has some of the toughest laws for punishing those convicted of DUI charges.
The drunk driving laws for California are found in Vehicle Code Section 23152 and Vehicle Code section 23153, which says that:
- 23152(a) – It is illegal for anyone who is under the influence of alcohol to operate a vehicle
- 23152(b) It is illegal for anyone who has a blood alcohol content exceeding 0.08% or more to operate a vehicle.
- 23152(e) – It is illegal for anyone who is under the influence of drugs to operate a vehicle.
- 23152(f) – It is illegal for anyone who is under the influence of any combination of drugs or alcohol to operate a vehicle.
In many cases, both the 23152(a) and 23152(b) charges will be filed together.
To put it in layman's terms, DUI charges result when a person drives or otherwise operates a vehicle while under the influence of drugs or alcohol. Whenever you are planning a fun evening (or day) out with friends and alcohol may be consumed, it is always best to either designate a driver who will not be drinking or to utilize some sort of public or paid transportation like a taxi service or Uber driver.
If you or someone you love has been arrested for DUI in Southern California, call Mr. Nice Guy Bail Bonds for assistance in getting out of jail fast. (844) 400-2245
Misdemeanor Bail Bonds for DUI of Drugs - VC 23152(e)
Driving under the influence of Drugs is a violation of the Vehicle Code 231452(e), which reads: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” It is very similar to driving under the influence of alcohol. One way that this charge differs from a regular “DUI” charge is that when an officer suspects the presence of drugs in someone's system, a breathalyzer test will not show drugs and a blood test will have to be ordered. Other evidence that can be used to charge someone with DUI of drugs includes the defendant's statements, behavior, and appearance.
When you are arrested for DUI of Drugs, you'll be taken to a detention facility, or jail, and booked for your charges. This process can take several hours and includes taking a photo and fingerprints. Once you've been booked, you'll be assigned a booking number. You'll be allowed to make several phone calls. Use one of these phone calls to call Mr. Nice Guy Bail Bonds, to begin the process of getting you out of jail fast. Mr. Nice Guy and his team of licensed bail bondsmen will work hard to get you out of jail, as quickly as possible. When you call (844) 400-2245, have your name, location, and booking number ready for fastest service.
What is DUI?
California's legal definition of DUI is operating a vehicle under the influence of any substance, including drugs, that can affect your nervous system, brain, or muscles and includes illegal substances, prescription drugs, and even over the counter drugs if they affect you to a significant degree. You are driving under the influence if you drink alcohol or take any kind of drug that impairs you to the point that you are unable to drive like a sober person and, yet, you drive, anyway.
Penalties for DUI Conviction
DUI is most often charged as a misdemeanor. The penalties for DUI can include:
- Driver's License Suspension
- Fines Up To $1,800 For A First Offense
- Possible Jail Sentence
- Probation Of Three To Five Years
Misdemeanor Bail Bonds for DUI with Bodily Injury
Many times the amount of money required for bail is more than someone can conveniently come up with. If you don't have friends or relatives from whom you can borrow the money for bail, you may need to enlist the help of a bail bondsman like Mr. Nice Guy Bail Bonds. Mr. Nice Guy and his team of licensed, professional bail bondsmen can help you negotiate the bail process and get out of jail fast.
A DUI bail bondsman will pay the bail on your behalf, and you pay the bondsman a fee, usually 10% of the total cost of bail. When the case is resolved, the court will return the money to the person who paid it, in this case, the bail bondsmen. He keeps the fee as payment for helping to secure bail more quickly and for assistance to the court in tracking and ensuring the compliance of defendants who are out on bail.
Call (844) 400-2245 for help with DUI bail bonds today!
Class A Misdemeanors – $750. Domestic Violence Misdemeanors – $2,500. State Jail Felonies – $1,500.How much is misdemeanor bail in California? ›
For all offenses chargeable as straight misdemeanors under state statutes or municipal or agency ordinances, for which there is no uniform bail and which are not otherwise provided for in this schedule, including unlisted subdivisions, the bail is $500, except that if the minimum fine for the offense (not including any ...How does bail bonds work in Louisiana? ›
A bail bondsman can pay the amount of the bail to the courts in exchange for a payment of 10% the bail amount, and the courts hold the money until their court date arrives. If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail.How long do you stay in jail if you can't make bail in Texas? ›
At most, you will likely have to spend a month or two in jail before your court date. In short, the court is required to schedule trials in a timely manner after discussing the case with prosecutors and the defense.Can you go to jail for a misdemeanor? ›
Misdemeanor offenses are considered to be minor crimes as compared to felonies, but they still can lead to jail sentences. If you have been charged with a misdemeanor offense, it is important for you to talk to an experienced criminal defense attorney as soon as possible.Do first time misdemeanor offenders go to jail in Texas? ›
If you've been charged with a first-time misdemeanor or felony offense, there's a chance you could face incarceration, fines, probation, and a criminal record. However, depending on the circumstances of your case, you may be eligible for a first-time offender program in Texas (also known as pretrial diversion).Do you get bail money back if charges are dropped in California? ›
Yes, your bail money will be returned if the prosecution drops the charges.How much does a misdemeanor cost in California? ›
The standard penalty for a misdemeanor crime is up to one year in county jail and/or a fine up to $1,000. However, unless the code states otherwise, any offense considered a misdemeanor will have county jail time of up to 6 months.Do you have to pay bail to get out of jail in California? ›
However, most of the time, bail is required. The amount of bail varies depending on the crime involved. All California counties have their own bail schedules that set forth the amount for bail for each type of crime. In Los Angeles County, nearly all arrestees get released on their own recognizance.Can you bond yourself out of jail in Louisiana? ›
In some situations, the judge may allow the defendant to bail out of jail on his own recognizance without having to post a bond. You may post the entire cash bond yourself at the jail. After the case has concluded, you should be entitled to all the money you put up. You ensure the defendant will appear in court.
How Much is Bail in Louisiana? The jurisdiction in Louisiana normally charges a 2% or $15 bail bond fee, whichever is higher. This is charged regardless of whether you've paid the bond in cash or through a bail bondsman.What percent of a bond do you pay in Louisiana? ›
Louisiana law requires judges set a monetary bail amount for every charge a person faces upon arrest. Once bail is set, a person must pay the total bail amount in cash or purchase a commercial bail bond for 12 percent of the bail amount.How long can police keep you on bail without charge? ›
How long can you be on bail without being charged? The Policing and Crime Act 2017 established a 28-day limit for pre-charge bail, with the only exception being if the case is being investigated by the Director of the Serious Fraud Office. This is because complex financial crimes often take much longer to investigate.How do you bail someone out of jail without money in Texas? ›
You can contact a bail bondsman. You can post the full bail amount in cash with the court or jail. You can use property you own as collateral with the court in place of money. The judge can release you on your own recognizance, providing you are trustworthy.Does Texas pay to stay jail? ›
“Every state in the U.S., except Hawaii, charges pay-to-stay fees,” said Friedman. “These fees and civil recoupment strategies force us to question the purpose and morality of criminal justice.”How long does a misdemeanor stay on your record? ›
How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.What is a Class C misdemeanor? ›
Non-traffic Class C misdemeanors include public intoxication, theft of something valued less than $100, possession of drug paraphernalia (but no drugs), assault without any injury (like verbal assault, unwanted touching and family violence), disorderly conduct, minor in possession of alcohol, and more.What happens at an arraignment for a misdemeanor? ›
During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges that have been filed against him/her, and the defendant enters a plea.What is the lowest misdemeanor? ›
The least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.What is the most typical punishment for first time misdemeanor? ›
Misdemeanors are typically punishable by a fine, incarceration or a combination of the two. Felonies, which are the most serious criminal offenses, are generally penalized by both incarceration and a fine. Statutes authorize a range of penalties that can be imposed for misdemeanors.
Some of the most common crimes charged as misdemeanors include vandalism, trespassing, disorderly conduct, and various drug crimes.Can you be released on bail after being charged? ›
If you are arrested in connection with an ongoing investigation, but are not charged with an offence, you may be granted bail and asked to return to the police station at a later date. However, if you are charged with an offence, then you will be released on court bail until your hearing.Is bail amount returned if found guilty? ›
Yes, if you paid the court directly, you get your bail money refunded. If you used a bondsman or bail bond agency, then the money you paid them to front the full amount of bail belong to them and it is not refunded.Can a case be dropped while on bail? ›
Bail is one of several actions that the police can take after arresting you. It involves release from police custody to await a later appearance at court or a police station. Your case can be dropped while you're on bail.Can you go to jail for a misdemeanor in California? ›
Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which exceed this general criteria; for example, spousal abuse can carry a higher maximum fine.Can a misdemeanor be dropped in California? ›
Defendants who have successfully completed probation or have been discharged early can petition the court to withdraw the plea or conviction and dismiss the case.Do misdemeanors go away in California? ›
Contrary to popular belief, misdemeanors in California are not automatically expunged with the passage of time, but require the filing and granting of an Expungement Petition by the Court.How much does bail cost in California? ›
In California, a bail bond is 10% of the total bail amount.
If the bail amount is $40,000, the cost would be $4,000 to bail someone out of jail.
How Long Does it Take to Release a Person After Bail Is Posted? That depends upon where the person was arrested and the facility that they're being held in. However, most jails release bonded defendants within 4 hours. In some cases, the defendant may be released in as little as half an hour.How can I get out of jail? ›
Generally, one can get out of jail by posting bail. Bail is usually cash or a piece of property pledged to the court as part of a promise that the defendant (the person who has been arrested) will return to court when ordered to do so.
If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your being arrested in Lousiana.How long do you go to jail for failure to appear? ›
Failure to appear for a misdemeanor charge can carry a potential jail sentence of up to 6 months. It is important to know that the statute of limitations in North Carolina for a misdemeanor is two years.How do I lower my bond in Louisiana? ›
Can a bail bond be reduced? Yes, bail reductions must be approved by the judge. To get that done, you need to hire a criminal defense attorney to contact the judge. The judge will need a good reason to reduce the bail amount since he is likely the one who already looked at the case and set the bail at that amount.How long does the DA have to file charges in Louisiana? ›
If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.How does bonding out of jail work? ›
Bail bonds work by allowing a defendant to post bail that he or she would not have otherwise been able to afford. The bail bondsman posts the full amount on the defendant's behalf. The defendant pays the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable.How long does it take to get a court date for a felony in Louisiana? ›
Beginning Formal Prosecution
The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you.
Multiply the bond's face value by the coupon interest rate.
For example, if the bond's face value is $1000, and the interest rate is 5%, by multiplying 5% by $1000, you can find out exactly how much money you will receive each year. Remember when multiplying a number by a percent, to convert the number to a decimal.
Government-issued Series I bonds purchased between November 2022 and April 2023 will pay interest at an annual rate of 6.89 percent, according to TreasuryDirect. The interest rate on I bonds is tied to inflation and changes every six months.How much should I charge for a bond? ›
A bond can be up to the equivalent of 4 weeks' rent. Other forms of security are not allowed, but a landlord may ask for a guarantor's agreement.Can you refuse police bail? ›
What happens if you are refused bail? If you are refused bail, you will be remanded in custody. The time limits for remand in custody pre-charge are set out in Section 41 of PACE, as amended by the Police (Detention and Bail) Act 2011. The police have the power to detain a suspect without charge for up to 24 hours.
The Data Protection Act 2018 gives you the right to ask if the police holds, or is processing, any personal data about you. This is called the right of access and is commonly known as making a subject access request or SAR. To make a subject access request, visit our Request information about myself or others page.Can police investigate after bail? ›
Yes, certainly. The court only forbids the arrest but does not prevent police from calling the accused for investigation. Intact, invariably it is one of the conditions of the anticipatory bail that the accused shall make himself available for investigation as and when required by the investigating officer.How long can jail hold you after bond is posted in Texas? ›
It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.Can I bond someone out of jail online in Texas? ›
To get someone out of jail, the whole fine must be paid, or in some circumstances, the judge will allow a payment plan to be set up and release the individual. You may also go through a bond agency. If you wish to pay the FULL amount of a fine or bond you can pay by credit card online.How much is a day in jail Worth in Texas? ›
If the court gives you credit, you will be given at least $100 of credit for every 24 hours spent in jail. Some courts will give you more credit per night or waive any additional amount you owe if you've spent time in jail.How much time does an inmate have to serve in Texas? ›
State jail felons generally serve every day of their sentence. Time served for misdemeanors in Texas varies by county. In Harris County, misdemeanor defendants usually get two days credit for one day served. In counties with more crowded jails, a defendant may get three days credit for each day served.How much does Texas pay per prisoner? ›
|State||Prison population||Average cost per inmate|
Class A Misdemeanors Class A misdemeanors are the most serious type of misdemeanor offense in Texas. Conviction of a Class A misdemeanor carries punishments of a fine of up to $4000 and/or imprisonment of up to one year in a county jail.How much is a jail bond in Texas? ›
Bail bondsmen and bail agencies typically offer bail bonds at 10% of the total bail amount. For example, the bail bond for a defendant with bail set at $10,000 would be $1,000.What is a surety bond in Texas for a misdemeanor in Texas? ›
Surety bonds are legally binding contracts, essentially insurance policies, among the arrestee, the court, the bondsman, and the surety bond company. If a defendant skips court and the bondsman neglects to pay the bail amount, the state can go to the surety bond company to get what it is owed.
How much of bail bond do you pay? Most bond companies in Texas charge 10% of the total bond amount.Do misdemeanors go away in Texas? ›
Misdemeanor charges linger on a criminal record forever. They can, however, be removed through the expunction process or sealed through an order of nondisclosure. Do misdemeanors go away after 7 years? No, misdemeanor convictions stay on a criminal record forever in Texas.What is the lowest misdemeanor in Texas? ›
A “no bond” or “zero bond” means that no bond or bail has been set for the defendant. There can be various reasons for this. A judge may not yet have had a chance to set a bond, or a judge has determined that bond should not be set.What is the difference between bail and bond in Texas? ›
Bail is the amount of money that an accused person pays in order to be released from custody as they await trial. A bond, on the other hand, is a promise made in money, and a bonds company hired by the defendant pays the amount. Therefore, the bail can either be a personal bond or a bail bond.How long does it take to get a bond in Texas? ›
Filling out paperwork usually takes around 30 minutes, but posting the bond must await the arrestee being booked. After the bond is posted, there is also a sometimes lengthy release process. If the jail is busy, the bail bonds process typically takes anywhere between 3 and 24 hours.How long do misdemeanor warrants last in Texas? ›
Texas has a three-year statute of limitations for most other felonies. The statute of limitations for a Class A, Class B or Class C misdemeanor is two years from the date of the commission of the offense.Does the accused have to live with the surety? ›
There is no rule governing who may be a surety, however in practice it is often a relative or family friend who is prepared to embark on this serious obligation. Typically sureties will not have a criminal record. They will be able to have the accused live with them (though in some cases this is not required).Can a judge deny bond in Texas? ›
Certain circumstances allow a Judge in Texas to deny bail to an individual charged with felonious conduct. If an individual has committed prior felonious acts or is on community supervision (probation) then depending on the severity of the crime alleged, the individual may be denied bail.Can you pay your own bail in Texas? ›
Bail Bonds Process in Texas
After your arrest, the judge will decide the appropriate amount for your bail at your arraignment hearing. After that, you can either pay the cash bail in full, find someone else to post bail, or contact a bail bonds agency.
Once the defendant in a criminal case in which a cash bond was posted has complied with the conditions of the bond, the bond may be refunded. An order of the court authorizing the refund is required.