Assault & Battery Bail Amounts in California: PC 240, 242 & 245
Assault and battery charges in California cover an enormous range — from a simple assault that ends in a citation to an assault with a deadly weapon that carries a felony “strike” and six-figure bail. People often use the two words interchangeably, but the law treats them differently, and the bail follows the seriousness of the specific code section charged. This guide breaks down how bail is set at each tier so you know what to expect before you call.
The short version: bail for a California assault or battery charge is set by the bail schedule in the county where the arrest happened, then adjusted at arraignment based on the exact section and any injury or weapon enhancements. A bail bond costs a premium of around 10% of the full amount. Estimate yours with our California bail cost calculator.
Assault vs. battery — the legal difference
In California, assault is an attempt to use force or violence on someone; battery is the actual unlawful touching. You can be charged with one or both. The bail exposure depends far more on injury and weapons than on the label.
- Simple assault (Penal Code 240) — a misdemeanor. Usually low bail, often cite-and-release.
- Battery (Penal Code 242) — a misdemeanor for a basic unlawful touching. Low bail.
- Battery causing serious bodily injury (Penal Code 243(d)) — a “wobbler” that can be a felony; bail rises with the injury.
- Assault with a deadly weapon, “ADW” (Penal Code 245(a)(1)) — a wobbler often filed as a felony; one of the most common serious assault charges, and bail rises sharply.
- Assault by means likely to produce great bodily injury (Penal Code 245(a)(4)) — a wobbler with felony exposure.
Typical assault & battery bail amounts in California
The figures below come from the Los Angeles County felony bail schedule. Orange, Riverside, San Bernardino and Ventura counties each publish their own, and the numbers differ — sometimes substantially — so treat these as a realistic starting point rather than a guarantee. Any of them can move up or down at arraignment.
| Charge | Code section | Typical LA County bail |
|---|---|---|
| Simple assault (misdemeanor) | PC 240 | Often cite-and-release; low four figures if bail is set |
| Battery (misdemeanor) | PC 242 | Often cite-and-release; low four figures if bail is set |
| Assault with a deadly weapon (non-firearm) | PC 245(a)(1) | $30,000 |
| Assault by force likely to produce great bodily injury | PC 245(a)(4) | $30,000 |
| Battery with serious bodily injury | PC 243(d) | $50,000 |
| Battery on a peace officer causing injury | PC 243(c) | $50,000 |
| Corporal injury to a spouse or partner | PC 273.5 | $50,000 |
| Great bodily injury enhancement | PC 12022.7 | Adds $30,000 on top of the base charge |
Enhancements stack. An assault with a deadly weapon that causes great bodily injury is not $30,000 — it is the $30,000 base plus the $30,000 enhancement, and a judge can go higher. Once gang, hate-crime or strike allegations are added, six-figure bail on an assault case is routine.
Because the spread is so wide, the most reliable way to learn the real number is to have a licensed bondsman pull the booking record. We can do that 24/7 — start by locating the person with our California inmate locator.
What pushes assault & battery bail higher
- A weapon. Any deadly weapon — a knife, a bottle, even a car — moves the charge toward PC 245 and multiplies bail. If a firearm was involved, the exposure changes again; see our guides to gun-related charges and non-firearm weapons charges.
- Serious or great bodily injury. A great-bodily-injury enhancement (Penal Code 12022.7) stacks on top of the base charge and adds both years and bail.
- A “strike.” Many felony assault charges qualify as serious felonies under California’s Three Strikes law, which raises both the stakes and the bail.
- Protected victims. Assault or battery on a peace officer, firefighter, or other protected person (Penal Code 243(b)/(c)) carries its own elevated bail.
- Gang or hate-crime allegations. These enhancements push bail up significantly.
- Holds. A probation, parole, or immigration hold can block release even after bail is posted. We explain how each one works in our guide to police, ICE & “no bail” holds, and what a violation means in our guide to bail after a probation or parole violation.
When assault or battery is charged as domestic violence
If the person involved is a spouse, partner, co-parent or someone in the household, the same physical act is charged under a different set of sections — most often battery on a spouse or partner (PC 243(e)(1)) as a misdemeanor, or corporal injury (PC 273.5) as a felony carrying $50,000 bail in Los Angeles County.
Two things change in a domestic case. First, bail is frequently set higher than the schedule suggests, because judges weigh the risk to the alleged victim. Second, an emergency protective order is usually issued at the scene and stays in force for several days — meaning the person can bail out and still be barred from returning home or contacting the other party. Violating that order is a new crime and will get the bond revoked.
If your case has a domestic element, read our domestic violence bail amounts guide and, where children were present, our guide to child endangerment and domestic battery.
How assault and battery compare to related charges
Assault and battery frequently get filed alongside — or instead of — other offenses, and the bail can look very different depending on which section the district attorney chooses.
- Robbery (PC 211) uses force or fear to take property. It is a strike offense and bail runs far higher than a straight assault. See robbery and carjacking bail amounts.
- Weapons possession charges can be filed on their own even when no one was hurt. See weapons charges bail amounts.
- Felony vs. misdemeanor filing is the single biggest factor in what you will pay. Our guide to felony vs. misdemeanor bail explains how wobblers get decided.
Can assault & battery bail be reduced?
Yes. At arraignment — usually within 48 hours of arrest, as we cover in our arraignment guide — a defense attorney can ask the judge to lower bail based on community ties, employment, lack of a record, or a self-defense claim. For misdemeanor and first-time cases, judges often grant release on the defendant’s own recognizance or a reduced amount. Under the California Supreme Court’s decision in In re Humphrey, the court must also consider the person’s ability to pay before setting bail they cannot afford.
How a bail bond works for an assault or battery charge
If you can’t pay the full bail in cash, a licensed bail bondsman posts it for you in exchange for a premium — typically about 10% of the face amount. On a $30,000 assault with a deadly weapon, that’s roughly $3,000, and we can usually arrange a payment plan so you don’t pay it all at once. See how little can get the process started with a $500 down bail bond in LA County, and read the mechanics in our how does bail work guide.
Step-by-step if a loved one was arrested for assault or battery
- Locate them and get the booking number using the inmate locator.
- Call a licensed bondsman to confirm the exact charge, the bail amount, and whether any hold is attached.
- Decide on representation. For any felony assault — especially a PC 245 or a case with a GBI enhancement — a defense attorney should be involved before arraignment.
- Arrange the bond. You’ll need a cosigner and the premium or a payment plan — see what cosigning means in our cosigner guide.
- Post and walk out. Once the bond is posted, release timing depends on the jail — see how long it takes to get out and our walkthrough of the Los Angeles County jail bail process.
After the release — what the bond still requires
Posting bail ends the jail stay; it does not end the obligation. The defendant must appear at every scheduled court date, and the cosigner stays financially responsible for the full bail amount until the case closes. Missing a date triggers a bench warrant and puts the bond at risk — we cover what happens next in our guides to what happens after posting bail and warrants and failure to appear.
Frequently asked questions
How much is bail for assault with a deadly weapon in California?
In Los Angeles County the felony bail schedule sets assault with a deadly weapon (PC 245(a)(1)) at $30,000. A bail bond on that amount costs roughly $3,000. Other counties set their own figures, and a great-bodily-injury enhancement adds another $30,000.
Is simple assault a felony in California?
No. Simple assault under PC 240 is a misdemeanor, and many cases are handled by citation rather than a booking with bail. It becomes felony territory when a weapon, serious injury, or a protected victim is involved.
Can you bail out on an assault charge the same day?
Usually yes. Once the booking is complete and the bail amount is confirmed, a bond can be posted at any hour. The remaining wait is the jail’s own release processing, which varies by facility.
What does a bail bond cost for a battery charge?
The premium is about 10% of the bail. On a $50,000 PC 243(d) battery, that’s roughly $5,000, and payment plans are available. Run your own numbers with the bail cost calculator.
Does a protective order stop someone from bailing out?
No — but it restricts where they can go once released. An emergency protective order commonly bars contact with the alleged victim and returning to a shared home. Violating it is a separate crime and can get the bond revoked.
What happens if the charge gets reduced later?
Bail is set on the charge as booked. If the district attorney files a lesser charge or the judge lowers bail at arraignment, the bond can often be adjusted — call us as soon as that happens.
Facing a California assault or battery charge? Let’s get the real bail number and a plan to get out. Call 800.590.7321 or message 626.862.0627 any time.
Related guides
- California Bail Amounts Hub
- Robbery & Carjacking Bail Amounts
- Weapons Charges Bail Amounts
- Gun-Related Charges Bail Amounts
- Domestic Violence Bail Amounts
- Felony vs. Misdemeanor Bail
- Police, ICE & “No Bail” Holds
- California Bail Cost Calculator
- Iron Bail Bonds FAQ
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