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 domestic violence charge.
In the aftermath of a domestic violence arrest, it’s essential to consult a domestic violence lawyer as soon as possible. The legal intricacies surrounding particularly violent felony crimes, including sexual abuse, can be overwhelming. Our team can help you understand the rights of the alleged victim and what steps you need to take leading up to your court date. This added layer of support aims to equip you with the knowledge and resources you need to navigate this challenging period effectively.
Learn the basics about the bail process for a felony domestic violence charge, and then contact Angels Bail Bonds today. Let us be your trusted partner in navigating the bail process for a felony domestic violence charge. We are here to help you regain your freedom and prepare for your legal journey.
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. The amount of the bail can be determined through something called a bail schedule. This is a list that contains the bail amount recommended for each charge, and each county has a different one. (Here are some quick links if you want to know the bail schedule or felony bail amounts for Los Angeles and Orange County.)
With all that being said though, in the end, 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 for all their court appearances, 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 and act as the surety. 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 police 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, domestic violence, or rape are very serious charges, especially if a deadly weapon or great bodily injury 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, have a restraining order on them, or be placed under electronic monitoring.
Have you been charged with criminal Felony Domestic Violence, PC273.5?
A felony arrest is serious business and no one should take it lightly. If you’ve been charged with a criminal offense like Felony Domestic Violence, 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 licensed bail bondsmen will provide domestic violence bail bonds services and assistance to defendants or their family members looking to bail them out during pre-trial detention.
What is Felony Domestic Violence?
Domestic violence in California can be used as a broad term that might include several violent crimes against family members, partners, and even cohabitants, like spousal abuse, child abuse, and the crime of domestic battery. But felony domestic violence, in this case, refers to section 273.5 of the California Penal Code, which states that:
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony.
Felony domestic violence charges will apply if the victims with corporal or bodily injury are:
- The offender’s spouse or former spouse.
- The offender’s cohabitant or former cohabitant.
- The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had an engagement or dating relationship…
- The mother or father of the offender’s child.
Domestic Battery
It is important to distinguish felony domestic abuse charges from the broader domestic battery charges.
According to the California Penal Code, domestic battery, like domestic violence, refers to the act of unlawfully and willfully engaging in physical contact with an intimate partner that results in harmful or offensive touching. A partner is defined as a spouse, former spouse, cohabitant, or someone with whom the individual has or had a dating relationship. The physical contact involved in domestic battery can range from a simple push or slap to more severe acts of violence, causing physical injury or pain to the victim but no visible injury, as in felony domestic violence with corporal injury.
Domestic battery is a serious offense in California, as it involves violence within intimate relationships. The Code further emphasizes that the act must be intentional and not accidental, and the victim’s consent is not a defense. The purpose of such a definition is to protect individuals from harm or abuse within a domestic setting, ensuring their safety and well-being.
Domestic battery is a misdemeanor in California and carries a conviction of up to one year in jail, maximum fines of $2,000, restitution to the victim, domestic violence classes, and restraining orders.
Types of Felony Domestic Violence Charges in California
Felony domestic violence charges are very serious, and bail is commonly set to its highest level on the bail schedule for this offense.
Felony Domestic Violence
PC 273.5 makes it clear that domestic violence with corporal and visible injury will always be charged as a felony, but there are other circumstances where domestic battery is also charged as a felony.
Domestic Battery with Great Bodily Injury Enhancement
Domestic battery charges are typically misdemeanors but can be made worse or with an enhancement if the offender has a previous domestic violence charge or left no visible injury but great bodily injury nonetheless.
Penalties for Felony Domestic Violence Cases
In the cases of felony domestic violence for PC 273.5, a conviction will lead to:
- Punishment of two, three, or four years in state prison or in a county jail for no more than one year.
- Fines of up to $6,000,
- Or both fines and time in prison.
These are cases where domestic abuse leads to corporal injury that results in traumatic conditions.
It is important to note that domestic violence arrests can lead the defendant to be subjected to an emergency restraining order or lose custody of the children involved in the domestic violence case even before pretrial release on bail, and is something that anyone facing charges of domestic violence offense will have to potentially face.
Great bodily injury enhancement:
Cases of domestic battery where there was great bodily injury, but may not be visible, have a punishment enhancement that adds three, four, or five years in state prison, plus all other felony penalties.
Prior domestic violence conviction enhancement:
This enhancement applies if the offender has a previous conviction of felony domestic violence on their criminal record. The enhancement adds two, four, or five years in state prison and a maximum of $10,000 fines to the penalties for domestic battery
Average Bail for Felony Domestic Violence
Felony Domestic Violence in the California Penal Code is 273.5, and initial bail is set on the bail schedule at $50,000 to $100,000 dollars. In many counties, like San Bernardino County, San Diego County, or Orange County, the bail varies between $10,000 and $100,000 depending on the amount of injury inflicted on the victim or the defendant’s criminal record.
You Need An Experienced Bail Bond Agent That Specializes In Domestic Violence Defense
The bail bond process for a felony domestic violence charge is harsh without expert help at your side, as the standard bail for a domestic violence 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 felony domestic violence charges
One possible defense against charges of domestic violence under California PC 273.5 could be the lack of willful infliction of corporal injury. The defense could argue that the alleged injuries were not intentionally caused but rather the result of an accident or self-defense. The defendant’s actions may have been in response to a perceived threat or in an attempt to protect themselves or others from harm or emotional abuse, thus challenging the element of willfulness required for conviction under this law.
Free Consultation & Case Review
Do you know someone who has been arrested for felony domestic violence? Look no further because Angel Bail Bonds are here to help. Working with our company and team of experienced bail bond agents is your best option to post bail in California, even in cases where you need bail for the charge of felony domestic violence. We offer flexible payment plans and affordable rates to make the bail bonds process more manageable for you and your loved ones. If you have any questions about how bail laws and the bail bond process work in California or if you need assistance helping a family member or loved one, don’t hesitate to call us today.
