Bail Bond for Felony Sexual Assault or Rape (PC 261)
If you or a loved one find yourselves in a difficult situation, we understand the urgency and stress that comes with it. At Angels Bail Bonds, we specialize in providing the support and assistance needed to secure bail for a felony sexual assault or rape charge.
Learn the basics about the bail process for a felony sexual assault and rape charge, and then contact Angels Bail Bonds today. Let us be your trusted partner in navigating the bail process for a felony sexual assault charge. We are here to help you regain your freedom and prepare for your legal journey.
Sex offenses, including aggravated sexual assault and child pornography, are among the most serious charges that defendants can face in the courts. The gravity of a sex crime can make posting bail a complex and daunting task. However, at Angels Bail Bonds, we have extensive experience in assisting defendants with these specific charges. We recognize the sensitivity and urgency of such cases and are committed to guiding you through every step of the bail process. Whether you’re dealing with charges related to aggravated sexual assault or child pornography, trust in our expertise to help you secure your release and face the legal proceedings ahead.
What is bail?
Bail in California refers to the amount of money or property that a defendant or their surety (a person responsible for the defendant’s appearance in court) must deposit with the court to secure the defendant’s release from custody while awaiting trial.
The purpose of bail is to ensure that the defendant appears in court for all scheduled hearings and does not flee before the trial. A bail schedule or table determines bail amounts, but a judge can deviate from the schedule based on various factors, including the severity of the offense, the defendant’s criminal history, and if the defendant is a flight risk. If the defendant fails to appear in court, the bail is forfeited, and a warrant may be issued for that person’s arrest.
What are bail bonds?
When you find yourself in a situation where you can’t afford to pay for your bail, bail bonds might be the solution for you. A bail bondsman, who a bail bond company employs, will charge you a fee in exchange for providing the payment. Bail bond companies in California charge only 10% of the total bail amount to post-bond for a defendant. So, if the bail amount is $20,000, the bondsman will charge $2,000 instead of the full amount. While this may still seem like a lot of money, it’s much more affordable than paying the entire bail amount, especially on extremely high bail amounts for some serious felonies.
Those rates can be as high as 20% for some immigration and federal charges because these rates are set by law, and all bail companies must charge the same amount. Despite the costs, using a bail bondsman can be a lifesaver for any person who cannot afford to be released from custody on bail.
What happens at a bail hearing?
The bail amount is normally set at the person’s initial court appearance, often known as the arraignment stage or pre-trial detention. A judge can either release from county jail a person on their own recognizance (OR) with a promise to appear in court at a later date or deny their OR and impose bail.
If the charges are infraction offenses or even some misdemeanor offenses—such as a DUI with no accident injuries or significant property damage— the person will usually be released without bail after being arrested. More serious felony charges will not have OR as an option and will only be released from custody on bail.
You must pay the bail amount or post a bail bond on the bail schedule. An arresting officer might ask for a higher bail amount than what the bail schedule suggests.
What Factors Influence a Defendant’s Bail Amount?
The bail bond process starts when a defendant is in front of a judge to determine bail. Then several factors are put into play, including the severity of the crime, criminal history, whether the defendant is a flight risk, community ties, financial resources, their potential danger to public safety, and even mental health are considered when determining bail amount. For example, accusations of sexual battery, sexual assault, or rape are very serious charges, especially if a deadly weapon is involved. Therefore, the bail release requirement will likely be more onerous, meaning any person with those charges will likely need the help of a bail bondsman.
The bail schedule further gives guidance for all criminal charges, with the judge having some leeway in the specific amounts, as mentioned. And even if they’re allowed out on bail from the county jail, the defendant might have to be placed under house arrest, be prohibited from owning any deadly weapons or placed under electronic monitoring.
Have you been charged with criminal Felony Sexual Assault, PC261?
If you’ve been charged with a criminal offense like Felony Sexual Assault, you or a loved one must contact the experts at Angels Bail Bonds immediately and avoid as much jail time as possible. Our team of bail bondsmen and criminal defense attorneys provide assistance to any person during pre-trial detention at no extra cost, including nationwide.
What is Felony Sexual Assault or Rape?
According to the California Penal Code, rape is defined as an act of sexual intercourse accomplished with a person, not the spouse of the perpetrator, under any of the following circumstances:
- Where the sexual activity is accomplished against the rape victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim or another person. Sexual activity in rape means any amount of penetration, but other types of sexual assault can include oral copulation and other sexual contact.
- Where the rape victim is incapable of giving legal consent because they are someone with a mental disorder, a developmental or physical disability, or an intoxicated person at the moment of the assault. The same applies to unconscious people being the victims.
- Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the rape victim or any other person, and the victim reasonably believes that the perpetrator has the ability to execute that threat and inflict bodily injury or other means of harm, either physical, psychological or even financial.
- Where the act is carried out by a person against the rape victim’s will by fraudulent representation that the sexual act serves a professional purpose, such as a medical examination.
- Where the act is accomplished against the rape victim’s will by impersonating the victim’s spouse, and the deception causes the victim to engage in the sexual act.
It is important to note that sexual assault is a broader term that encompasses various non-consensual sexual acts, including but not limited to rape. But felony sexual assault always refers to rape, and the evidence must clarify this distinction.
Rape is punished severely, but a prison sentence of up to dozens of years and being on a sex offender list.
Also worth mentioning is that any sexual penetration, for whatever time it lasted, is a basis for rape. An unsuccessful assault with the intent of sexual penetration can be classified as other sexual assault charges if other conditions are met.
Types of Felony Sexual Assault Charges in California
Felony Sexual Assault or Rape
The charge of felony sexual assault, or rape, in California is a crime always treated as a felony offense and never just a misdemeanor. Misdemeanor sexual assault is non-existent in California, as it is an extremely serious crime that can lead to prison time. It is not a wobbler crime, and the conviction depends on whether or not there was consent or the victim was even able to consent.
Instead of changing from misdemeanor to felony, the circumstances surrounding rape will only change the penalties.
For example, the court will also not approve probation in place of prison for those convicted of felony rape charges if the rape victim suffered physical injury or even in cases of sexual assault with the intent of bodily harm.
Statutory rape
Where the circumstances do matter in determining whether it is a misdemeanor or felony is the crime of statutory rape, also known in PC 261.5 as “unlawful sexual intercourse,” which is the act of sexual intercourse with a person that is a minor and not the spouse of the perpetrator. Under the law, a person cannot consent under any circumstance if they are minor, and the penalties are harsher depending on the age difference between the victim and the perpetrator.
Statutory rape will be a misdemeanor sexual assault if the rape victim is no more than three years younger than the defendant, but it is a felony if the age difference is larger than that or if the defendant is older than 21 years old and the victim younger than 16.
Here, whether the crime is charged as a felony or a misdemeanor depends on the age of the rape victim.
Penalties for Felony Sexual Assault Cases
A felony Sexual Assault charge can lead to several years in prison, up to 8, and fines of up to $10,000 or more if the circumstances are especially violent. The penalties vary depending on several factors and are detailed below, according to PC 261.
PC 261 outlines different penalties based on various factors such as the age of the victim, use of force, if there was sexual penetration or not, whether or not, beyond a reasonable doubt, there was consent intoxication or the relationship between the victim and offender.
The penalties for rape or sexual assault in California Penal Code 261 can include the following:
Rape of a spouse (when the victim is the defendant’s spouse)
Here, the felony is punishable by imprisonment in the state prison for a term of three, six, or eight years. Felons are placed for 20 years to life on the sex offender registration.
Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury
This is punished by a three, six, or eight years prison sentence. This also comes with up to a lifetime of sex offender registration.
Rape of an unconscious person or victim incapable of giving consent due to mental disorder or developmental or physical disability
Punishable by s three, six, or eight-year prison sentence, and 20 to life on the sex offender registration.
Rape where the victim is intoxicated and unable to give legal consent
This is considered a felony offense punishable by a three, six, or eight-year prison sentence in state prison and 20 years to life on the sex offender registration.
Rape where the victim is an elder or dependent adult
This felony is punishable by imprisonment for five, seven, or nine years in the state prison. Being placed on the sex offender list for up to 20 years.
Rape of an underage victim that is 14 to 17 years old
In these cases, the felony offense is punishable by imprisonment of up to 11 years and a minimum of 7, with a lifetime on the sex offender list. The court can extend the prison sentence by 3 to 5 years more if there is great bodily injury.
Rape of a minor under 14 years old
One of the worst sex crimes imaginable and is punished by a prison sentence of at least 9 to 13 years or more if the court deems it necessary. This crime comes in a lifetime on the sex offender registration.
Average Bail for Felony Sexual Assault
Felony Sexual Assault in the California Penal Code is 261, and initial bail is set on the bail schedule at $50,000 to $100,000 dollars. In many counties, like San Bernardino County County, the bail is as high as $250,000.
You Need An Experienced Bail Bond Agent That Specializes In Sexual Assault Defense
The bail bond process for a felony sexual assault or rape charge is harsh without expert help at your side, as the standard bail for a sexual assault felony is $50,000 to $100,000 dollars. Nonetheless, a bail bond company and a criminal defense attorney can aid you during this difficult time and help you and your loved one obtain that bail money.
Defense against rape charges
Accusations of rape are very serious in California for both the defendant and the victim. The typical defense against rape charges or other sex crimes often involves arguing that there’s insufficient evidence of a lack of consent, sexual penetration, or sexual contact of any kind. The defense may also argue that there was a lack of force or coercion or that the defendant had, beyond a reasonable doubt, the belief that the sexual act was consensual.
Any criminal defense attorney fighting accusations of rape might also examine the victim’s potential motives or biases, such as previous relationships or conflicts with the defendant. They may also scrutinize the collection and handling of evidence by law enforcement, questioning the reliability or integrity of the investigation. Overall, the defense aims to challenge the accusations of rape by presenting an alternative narrative that casts doubt on the guilt of the accused individual during the sexual contact.
Free Consultation & Case Review
Do you know someone who has been arrested for felony sexual assault or rape? Look no further because we are here to help. At Angel Bail Bonds, we work with an experienced bail bondsman and criminal defense lawyer to be your best option, even in cases where you need bail for the charge of felony sexual assault. We offer flexible payment plans and affordable rates to make the bail process more manageable for you and your loved ones. If you have any questions about how bail laws and the bail bond process works in California or if you need assistance helping a loved one, don’t hesitate to call us today.
