Transcription
FELONY BAIL SCHEDULEJANUARY 2021I.BAIL SETTINGA. The Felony Bail Schedule is the presumptive bail for each statutory offense. However, the Felony Bail Schedule also allows lawenforcement officers to increase the bail, without prior approval of a Judge, by the amount corresponding to statutes which call forsentencing enhancements when there are facts present that fall within the statutory enhancement. (Robbery - 25,000, plus 15,000if firearm is used 40,000; further, infliction of great bodily injury, an additional increase of 25,000, for a total of 65,000.)B. Law enforcement officers may also seek a bail other than that provided by the presumptive Felony Bail Schedule as circumstanceswarrant by contacting a Judge. This contact should be made in the order set forth on the rotational schedule which is provided tolaw enforcement officers every six months. The Judge may be contacted at any time, day or night.C. If a defendant is booked on a charge involving a “Third Strike” under the provisions of Penal Code § 1170.12, 250,000 shall beadded to the presumptive bail for a second strike offense as set forth in the Felony Bail Schedule, 500,000 shall be added to thepresumptive bail for all third strike offenses.D. If a single defendant is booked on multiple charges for a single incident, bail should be set only for the highest statutory offense.A series of incidents, i.e., robberies, burglaries, would be considered multiple incidents and a separate presumptive bail should beset for each incident.II. DEFAULT BAILA. The presumptive bail for any felony charge not specifically listed in the Felony Bail Schedule shall be 10,000. The bail may beenhanced in the same manner as if the felony charge were listed in the Felony Bail Schedule. Presumptive bail may be lowered orraised at the discretion of the judge. Unless otherwise indicated, bail for a misdemeanor that could have been charged as a felonyshould be half the felony bail schedule.B. The letter “F” designates an alleged felony violation; a crime which is punishable with death or by imprisonment in the state prison.i
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE 92, FFFFFFFFFFFBribery of State Executive OfficerBribery of Public Officer or Employee (If Theft or Thing Given or Offered Would Be Grand Theft)Bribe, Soliciting by Public Officer or EmployeeResisting Arrest/Threatening OfficerThreats to the Life of an Official or JudgeBribery, Offering, Accepting by Judges, Jurors, RefereesOffering Forged/False Documents for FilingDefrauding a NotaryPerjurySubornation of PerjuryPerjury, Capital CasePreventing, Dissuading Witness from Attendance, TestifyingWeapon to Intimidate WitnessInducing False TestimonyInducing False Testimony With Force/Threat of ViolenceBribe or Receiving Bribe Not to Attend TrialThreatening Witness or Witness FamilyAttempting to Take Firearm From Police OfficerFalse Report of an Emergency Resulting in GBI/DeathResisting Officer Causing Great Bodily Injury/DeathAssault By Officer Under Color of AuthorityBribery of Councilman, Supervisor, etc.Bringing Weapon into State of Local Public Building or Public MeetingConspiracy182(1,2,3,5)FVarious Categories182(4)182(6)186.22(a)FFFTo Commit Theft OffensesTo Commit Specific Crimes Against Certain Federal and State OfficialsParticipation in Street Gang1 10,000 10,000 10,000 15,000 50,000 25,000 5,000 20,000 20,000 10,000- NO BAIL 50,000 75,000 25,000 50,000 25,000 25,000 50,000 50,000 50,000 5,000 10,000 50,000SAME ASSUBSTANTIVE OFFENSESAME ASSUBSTANTIVE OFFENSE 5,000 100,000 50,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE e FFFFFFFFFFFFFFFMurder, With Special CircumstanceAll Other MurdersVehicular Homicide (DUI With Gross Negligence)Manslaughter, VoluntaryManslaughter, InvoluntaryManslaughter, Driving Vehicle With Gross NegligenceManslaughter, Driving Vehicle Without Gross NegligenceManslaughter, DUI Without Gross NegligenceMayhemAggravated Mayhem (Life)TortureKidnappingKidnapping for Purpose of Felony Sexual OffenseKidnapping Victim Under 14Kidnapping To or From Out of StateKidnapping for Ransom or ExtortionKidnapping for Robbery (Life)Kidnapping During CarjackingFalse Imprisonment - Kidnap to Evade ArrestRobbery, 1st DegreeRobbery, 2nd DegreeRobbery, 1st Degree/ATM UserRobbery, 2nd DegreeCarjackingAttempt to Kill Specified Public OfficialsTrain Wrecking (Life)Throwing Rocks or Missiles at Common CarrierWithout InjuryWith Injury2- NO BAIL - NO BAIL 500,000 100,000 75,000 75,000 50,000 75,000 50,000 500,000 500,000 100,000 250,000 250,000 250,000 500,000 500,000 500,000 100,000 75,000 50,000 50,000 35,000 150,000 100,000 100,000 5,000 10,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE 5262264.1266(h)FFFFFFFFFFFAssault With Intent to Commit Mayhem, Rape, Sodomy, Oral Copulation, or Any Violation ofPenal Code § 264.1, 288 or 289Administering Drugs to Aid FelonyFalse Imprisonment With Violence, etc.Human TraffickingAssault Upon Custodial OfficerBatteryBattery Upon Peace Officer or FiremanBattery With Serious Bodily InjuryBattery Upon Custodial OfficerBattery on Transportation Personnel With InjurySexual BatteryAssault With ChemicalsAssault With Deadly Weapon or Force Likely to Produce Great Bodily InjuryAssault With a FirearmAssault With a Machine Gun or Assault WeaponAssault With a Semiautomatic RifleAssault With Deadly Weapon or Force Likely to Produce Great Bodily Injury Upon a PeaceOfficer or FiremanAssault With a Firearm Upon a Peace Officer or FiremanAssault With a Semiautomatic RifleAssault With a Machine Gun or an Assault Weapon Upon a Peace Officer or FiremanAssault With Deadly Weapon, Public Transit EmployeeAssault With Deadly Weapon, School EmployeeShooting at Inhabited Dwelling, Building, Occupied Motor VehicleRapeUnlawful Sexual IntercourseSpousal RapeRape in Concert With Force and ViolencePimping3 50,000 25,000 25,000 150,000 20,000 25,000 50,000 20,000 25,000 25,000 10,000 50,000 50,000 100,000 50,000 50,000 100,000 200,000 200,000 50,000 75,000 150,000 200,000 10,000 50,000 150,000 10,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE a(d)PRESUMPTIVEBAILFIf MinorPanderingIf MinorAggravated Sexual Assault of ChildChild Mistreating Likely to Produce Great Bodily Injury or DeathAssault Resulting in Death of Child Under Eight Years of AgeChild BeatingCorporal Injury of Spouse, Cohabitant of Opposite Sex, or Mother or Father of His or Her ChildCorporal Injury on Spouse/Cohabitant With PriorChild StealingBigamyIncestSodomySodomy, If Victim Under 18Sodomy, If Victim Under 16 and Defendant Over 21Sodomy, If Victim Under 14 and Defendant More than 10 Years Older than VictimIf Defendant Compelled Another by Force, Duress or Threats of Great Bodily InjurySodomy, If in Concert With Force and ViolenceSodomy, If Committed in State Prison or County JailSodomy, If Victim Unconscious of Nature of ActSodomy: Victim Incapable of Giving ConsentSodomy: of Drugged VictimLewd Act With Child Under 14 YearsLewd Act With Child Under 14 Years With ForceOral CopulationOral Copulation, If Victim Under 18Oral Copulation, If Victim Under 16 and Defendant Over 21Oral Copulation, If Victim Under 14 and Defendant More Than 10 Years Older Than Victim, orDefendant Compelled Another to Participate by Force, Duress or Threats of Great Bodily InjuryOral Copulation, If in Concert With Force and Violence4 50,000 10,000 30,000 500,000 50,000 500,000 50,000 25,000 50,000 50,000 5,000 100,000 35,000 50,000 100,000 50,000 100,000 10,000 100,000 50,000 50,000 50,000 100,000 15,000 50,000 100,000 100,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE 8(b)(1)368(b)(2)368(d)368(e)368(f)405bFFFFFFFOral Copulation, If Committed in State Prison or County JailOral Copulation, If Victim Unconscious of Nature of ActArrangement of Meeting with Minor for Purpose of Engaging in Certain Lewd and LasciviousBehaviorContinuous Sexual Abuse of ChildSexual Intercourse or Sodomy With Child Under 10 YearsOral Copulation or Sexual Penetration With Child Under 10 YearsPenetration by Foreign ObjectPenetration With Child Under 14 by Person 10 Years OlderFailure to Register as Felony Sex OffenderSell or Distribution, etc. of Obscene Matter Depicting Underage Person With PriorPossession/Distribution of Obscene Matter Depicting Minor in Sexual Conduct for CommercialPurposesPossession or Distribution, etc. of Obscene Matter Depicting Underage Person With PriorPossession/Distribution of Obscene Matter Depicting Minor in Sexual Conduct for NonCommercial PurposesDepicting Sexual Conduct of a Child Under Age 14 With PriorUsing a Minor to Assist in Distribution of Obscene Matter With PriorUse of Minor to Produce Obscene Matter for Commercial PurposesUse of Minor to Produce Obscene Matter for Non-Commercial PurposesDistributing Obscene Matter Depicting Person Under Age 18Indecent ExposureWith Prior Conviction of Penal Code § 288 or 314(1)BookmakingElder AbuseElder Abuse With Great Bodily Injury or DeathEmbezzlement From Elder by Other Than Caretaker or Amount of Theft, Whichever is HigherElder Abuse, Embezzlement (Over 950) or Amount of Theft, Whichever is HigherElder Abuse, False Imprisonment by Violence or FraudLynching5 10,000 100,000 50,000 200,000 250,000 150,000 100,000 100,000 10,000 50,000 25,000 50,000 25,000 100,000 100,000 75,000 75,000 50,000 25,000 5,000 5,000 25,000 50,000 50,000 20,000 25,000 25,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE .5(a)452(a)452(b)453(a)454455459460(A)460(B)464470 to f(b)484gFFFExhibiting Loaded Firearm in Rude, Threatening MannerExhibiting Firearm in Presence of Peace OfficerTerrorismStalkingTerrorist Threats/Hate Crime Enhancement for Any FelonyEmbezzlement or Falsification of Accounts by Public OfficersArson, Causing Great Bodily InjuryArson, Inhabited StructureArson, Structure or Forest LandArson, Other PropertyAggravated Arson (With Prior or Excess Loss or Multiple Residences)Recklessly Causing Fire With Great Bodily InjuryRecklessly Causing Fire, Inhabited StructureExplosives, Flammable Matter, PossessionArson During State of EmergencyArson, AttemptBurglaryBurglary, ResidentialBurglary, All OtherBurglary With ExplosivesForgery, Intent; Documents of Value, Counterfeiting Seal; Uttering; Falsification of RecordsEmbezzlement of Funds for Construction or Amount of Theft, Whichever is HigherCredit Cards, 4 or More Acquired in Violation of Penal Code § 484(e) in 12-Month Period orAmount of Theft, Whichever is HigherCredit Card, Make Card Purporting to Be or Amount of Theft, Whichever is HigherCredit Card, Sign False Name or Amount of Theft, Whichever is HigherCredit Card Obtained in Violation of Penal Code § 484(e) or Forged Card; Used for ObtainingAnything of Value - If Value of Goods, etc. Received Exceeds 950 in Consecutive 6-Month Periodor Amount of Theft, Whichever is Higher6 15,000 25,000 50,000 50,000 75,000 10,000 250,000 100,000 50,000 25,000 500,000 50,000 25,000 50,000 50,000 10,000 50,000 50,000 15,000 50,000 10,000 25,000 25,000 25,000 25,000 25,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE 06518, 594.3FCredit Card, Fraudulent - Merchant Furnishing Goods With Knowledge of - If Payment ReceivedExceeds 950 in Consecutive 6-Month PeriodCredit Card Issuer - Merchant Fraudulently Receiving Payment From - If Payment Received forGoods, etc., Not Furnished Goods Exceeds 950 in Consecutive 6-Month PeriodCredit Card Equipment, Possession Without Consent of Issuer or Amount of Theft, Whichever isHigherGrand Theft or Amount of Theft, Whichever is HigherGrand Theft Cargo in Excess of 950Receiving Stolen Property if Value More Than 950 or Amount Received, Whichever is HigherStolen Property, Bringing Into State or Amount Stolen, Whichever is HigherComputer Fraud or Amount Stolen, Whichever is HigherEmbezzlement of Proceeds of Sale of Secured Property or Amount Stolen, Whichever is HigherEmbezzlement, Misappropriation by Public Officers or Amount Stolen, Whichever is HigherEmbezzlement, Disposal of Personal Property Under Lease, or Lien or Amount Stolen, Whicheveris HigherEmbezzlement by Bailee or Amount Stolen, Whichever is HigherEmbezzlement, Misappropriation by Trustee, Contractor or Amount Stolen, Whichever is HigherExtortion, Not Amounting To RobberyExtortion, Obtaining Signature by ThreatsExtortion, Threatening LettersFalse Personation of AnotherIdentity Theft or Amount of Theft, Whichever is HigherFalse PretensesDefrauding Insurer or Amount Taken, Whichever is GreaterInsurance Fraud - Up to 100,000 or Amount of Theft, Whichever is HigherInsurance Fraud - Over 100,000 or Amount of Theft, Whichever is HigherVandalism, Loss of 400 to 9,000Vandalism, Loss of 10,000 or MoreChurch Vandalism7 25,000 25,000 25,000 10,000 15,000 10,000 20,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 50,000 50,000 10,000 10,000 10,000 PER VICTIM 10,000 10,000 20,000 100,000 5,000 35,000 50,000
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE 34530(a)PRESUMPTIVEBAILAnimal Cruelty, TortureAnimal Abuse, MisuseAnimal Cruelty, Torture-Protected SpeciesBringing Gun on School GroundsStalkingStalking With Temporary Restraining Order in EffectStalking With PriorChild Molest in ResidenceChild Molest with Prior Molest ConvictionChild Molest with Prior Sexual Assault ConvictionSolicit MurderSolicit Rape, etc.AttemptCompleted Crime Punishable by State Prison 20,000 10,000 20,000 100,000 100,000 150,000 150,000 50,000 50,000 75,000 100,000 100,000Completed Crime Has Maximum of Life Imprisonment or DeathFFFFFFFFFFFFAttempted MurderPetty Theft With Prior Conviction for Petty Theft on Which Time Was Served“One Strike” Sex CrimeProbation Violation, Probable Cause ArrestWillful Failure To Appear While on Bail for FelonyComplaint Against FugitiveAssault by Life PrisonerAssault With a Deadly Weapon by Prison InmateBattery on Non-Inmate by Prison InmatePossession of Deadly Weapon by Prison InmateHolding of Hostages by Prison InmateEscape, Attempted Escape From Prison With Force or Violence8- NO BAIL -SAME ASSUBSTANTIVE OFFENSESAME AS SUBSTANTIVEOFFENSE EXCEPT FORATTEMPTED MURDER 500,000 10,000 500,000 50,000 100,000- NO BAIL - NO BAIL 50,000 25,000 25,000 100,000- NO BAIL -
FELONY BAIL SCHEDULE - JANUARY 2021(PENAL CODE FENSEFFFFFFFFFFFFFFFFFFFFFFEscape Without Violence by Prison InmateEscape, Attempted Escape by Misdemeanant, Inebriate, or Person on Work Furlough from Jail,Industrial Farm, etc.Without Force or ViolenceWith Force or ViolenceEscape, Attempted Escape by Felon from Jail, Industrial Farm, etc.Without Force or ViolenceWith Force or ViolenceSmuggling Weapon into Jail or PrisonConcealable Firearms, Ownership or Possession by Felon, AddictConcealed Weapon on Person With Prior Conviction of Crimes Against Person, Property, orInvolving DrugsFor Each Additional Misdemeanor Prior (2nd, 3rd, etc.) AddCarrying Loaded Firearm in Vehicle or Public Place With Prior Felony Conviction, etc.Personally Shooting From Motor VehicleManufacture, Possession Sale, etc., of Assault WeaponPossession of Explosive in Public Place, School, etc.Possession of Destructive DeviceCarrying or Placing Explosive on Common CarrierPossession of Destructive Devices or Explosives in Public PlacesPossession of Exploding or Destructive Device or Explosive With Intent to InjureExploding Destructive Device or Explosive With Intent to MurderUnlawful Explosion Causing Bodily InjuryExploding Destructive Device Causing DeathExploding Destructive Device Causing Great Bodily InjuryPossession of Materials With Intent to Make Destructive Device or ExplosiveUnlawful Use of Tear GasUnlawful Use of Tear Gas Against Peace OfficerDangerous Weapons, Manufacture, Sale, Possession: Carrying Explosive or Concealed Dirk or Dagger9 250,000 25,000PLUS BAIL AMOUNTON ORIGINAL CHARGE 25,000 50,000 50,000 15,000 20,000 3,000 20,000 25,000 50,000 500,000 50,000 500,000 100,000 500,000 1,000,000 500,000- NO BAIL 500,000 60,000 10,000 50,000 10,000
FELONY BAIL SCHEDULE - JANUARY 2021(VEHICLE CODE 52/23550.523153FFAttempting to Evade Peace Officer While Driving RecklesslyWillful Flight Causing DeathDriving Car Without ConsentHit and Run: Personal InjuryHit and Run: Vehicular ManslaughterReckless Driving Causing Bodily Injury With Applicable PriorFelony DUI with 3 or More Priors Within 10 YearsFor Each Additional Misdemeanor Prior Over 3Felony DUI Based on Prior Felony DUI Within 10 YearsDriving Under the Influence of Alcohol or Drugs: Bodily InjuryFor Each Additional Misdemeanor Prior (1st, 2nd, etc.)10 35,000 100,000 25,000 50,000 100,000 50,000 75,000 10,000 100,000 50,000 5,000
FELONY BAIL SCHEDULE - JANUARY 2021(BUSINESS AND PROFESSIONS CODE ngerous Drugs, Minor as AgentDangerous Drugs, Forgery or Prescription, Possession Secured by Forged Prescription11 5,000 5,000
FELONY BAIL SCHEDULE - JANUARY 2021 (HEALTH AND SAFETY CODE SECTIONS)SECTION11152, 1115311154, BAILOFFENSEFFFFFFFFControlled Substances, Writing, Dispensing PrescriptionControlled Substances, Prescribing, Administering, FurnishingControlled Substances, Prescribing, Administering, Furnishing to AddictCounterfeiting Prescription BlankIllegal Possession of Certain Specific or Classified Controlled SubstancesPossession or Purchase for Sale of Certain Specific or Classified Controlled SubstancesIf less than 1 oz. of substance is involvedIf 1 oz. or more of substance is involvedIf over 2 oz. of substance is involvedIf over 6 oz. of substance is involvedIf over 1 lb. of substance is involvedIf over 3 lbs. of substance is involvedIf over 10 lbs. of substance is involvedIf over 25 lbs. of substance is involvedIf 100 lbs. or more of substance is involvedPossession or Purchase for Sale of Cocaine BaseIf less than 1 oz. of substance is involvedIf 1 oz. or more of substance is involvedIf over 2 oz. of substance is involvedIf over 6 oz. of substance is involvedIf over 1 lb. of substance is involvedIf over 3 lbs. of substance is involvedIf over 10 lbs. of substance is involvedIf over 25 lbs. of substance is involvedIf 100 lbs. or more of substance is involvedIllegal Transportation, Sale, Furnishing of Certain Specific or Classified Controlled SubstancesIf less than 1 o
The Felony Bail Schedule is the presumptive bail for each statutory offense. However, the Felony Bail Schedule also allows law enforcement officers to increase the bail, without prior approval of a Judge, by the amount corresponding to statutes which call for
