Felony vs. Misdemeanor Bail in California: How the Amount Is Set

Felony vs. Misdemeanor Bail in California: How the Amount Is Set

When someone is arrested in California, the first question after “where are they?” is almost always “how much is bail?” The answer starts with one classification: is the charge a felony or a misdemeanor? That single label drives the bail schedule used, the size of the number, and how quickly a person can get out. This guide explains the difference and what to do in either case.

Whatever the level, a bail bond costs a premium of roughly 10% of the full amount. Estimate yours with our California bail cost calculator.

The three levels of California offenses

Infractions — minor violations like most traffic tickets. No jail, and generally no bail.
Misdemeanors — punishable by up to a year in county jail. Bail is set from the misdemeanor side of the county bail schedule, and many arrestees are released on a citation or low bail.
Felonies — punishable by more than a year, in county jail or state prison. Bail comes from the felony schedule and is substantially higher, scaling with the seriousness of the charge.

How misdemeanor bail works

For most misdemeanors, the bail amount is modest and predictable. Police often “cite and release” — issuing a notice to appear instead of holding the person — or set a low bail straight off the county schedule. When bail is required, it’s frequently low enough that a bond premium is a few hundred dollars. Common examples include first-offense DUI, petty theft, and simple possession.

How felony bail works

Felony bail is set from a separate, higher schedule and climbs with the severity of the offense. A non-violent felony might be set in the tens of thousands; serious or violent felonies — robbery, serious assault, weapons offenses — can run into the hundreds of thousands. Enhancements for weapons, great bodily injury, gang allegations, or prior strikes stack on top and push the number higher. Some of the most serious charges can be held with no bail until a hearing.

Because the spread is so wide, the only reliable way to learn a felony bail amount is to have a licensed bondsman pull the booking record. Start by finding the person with our California inmate locator.

What is a “wobbler”?

Many California crimes are wobblers — offenses the prosecutor can file as either a felony or a misdemeanor. Grand theft, certain assaults, and some drug and fraud charges are common examples. Until the filing decision is made, the bail can sit at the felony level. A defense attorney can sometimes get a wobbler reduced to a misdemeanor, which lowers both the exposure and the bail. This is one of the biggest reasons to have representation before arraignment.

Where the number actually comes from

The county bail schedule. Every California county publishes one. Los Angeles, Orange, Riverside, and San Bernardino each set their own amounts, so the same charge can carry different bail in different counties.
Enhancements. Weapons, injury, gang, and prior-strike allegations add to the base figure.
The arraignment. Within about 48 hours of arrest, a judge reviews bail and can keep it, raise it, lower it, or grant release on the defendant’s own recognizance. See our arraignment guide for how that hearing works.

Getting bail reduced

For both misdemeanors and felonies, a defense attorney can ask the judge to lower bail based on the defendant’s ties to the community, employment, lack of record, and the realistic strength of the case. For lower-level charges, judges frequently grant own-recognizance release — no money down. The more serious the felony, the harder the reduction, but it is always worth requesting.

How a bail bond works at either level

If you can’t pay the full bail in cash, a licensed bondsman posts it for a premium of about 10%. On a $5,000 misdemeanor bail that’s roughly $500; on a $50,000 felony bail, about $5,000 — and a payment plan can break it up. See how a $500 down bail bond works in LA County, what you actually pay upfront in our guide to upfront bail costs, and the full mechanics in how does bail work.

What to do right now

Locate the person and get the booking number with the inmate locator.
Call a licensed bondsman to confirm whether the charge is a felony or misdemeanor and the exact bail.
Check for holds. A probation, parole, or immigration hold can block release even after bail is posted — see our no-bail holds guide.
Arrange the bond with a cosigner and the premium or a payment plan.

Not sure if it’s a felony or a misdemeanor? We’ll find out and tell you the real bail in minutes. Call 800.590.7321 or message 626.862.0627 any time.

Related guides

24-hour California bail bonds — anywhere in the state. Call 800.590.7321 or send us a message.

Blog