Finding out you’re facing a felony charge in California is terrifying. One of the first questions most people ask is: how much is bail for a felony in California? The answer isn’t a simple flat number — it depends heavily on the crime, the county, prior record, and other circumstances. At David P. Shapiro Criminal Defense Attorneys, clients are guided through the bail process from Day One. This post explains how bail is set, what typical amounts look like, release options, and what you should do if you can’t afford bail.
What Is Bail and Why Does It Matter?
Bail is a financial condition set by the court to allow a defendant to be released from custody while awaiting trial. It acts as a guarantee that the person will appear for all court proceedings. The purpose is not punishment but ensuring attendance and protecting public safety.
Bail laws in California are governed by statutes and local bail schedules. Judges are guided by those schedules but retain discretion to increase, decrease, or deny bail under certain conditions.
How Bail Amounts Are Set in California
Several factors influence what a felony bail will be:
- Bail Schedules & Statutory Guidelines
Each county uses a bail schedule listing standard amounts for common charges, including felonies. These serve as the baseline. - Severity of the Offense
Violent felonies, crimes involving weapons, or serious harm generally carry higher bail. - Criminal History & Prior Failures to Appear
Defendants with prior convictions or who have missed court dates before may see elevated bail amounts. - Flight Risk / Community Ties
If someone poses a risk of fleeing, or lacks strong local connections, bail may be set higher or denied. - Public Safety Considerations
When the alleged crime endangers others (e.g. sexual offenses, violent crimes), courts may err on higher bail or even deny bail. - Ability to Pay & Constitutional Concerns
Courts must consider a defendant’s financial condition—especially after In re Kenneth Humphrey, which held that setting unaffordable bail without alternatives may violate due process.
What Are Typical Felony Bail Amounts?
While bail varies widely, here are some common ranges and examples in California:
| Type of Felony | Typical Bail Range* |
| Non‑violent felony (e.g. grand theft) | $10,000 ‑ $50,000 |
| Felony assault with a weapon | $30,000 or more |
| Rape, kidnapping, violent felonies | $100,000 or more |
| Murder | Often no bail or extremely high amounts (e.g. $1,000,000+) |
* These ranges are illustrative. Actual amounts depend on the county, details of the case, and other factors above.
For example, San Mateo County’s felony bail schedule shows that crimes with higher prison exposure can have bail from tens to hundreds of thousands of dollars.
See also: Negotiating a Discrimination Settlement? What to Demand With a Lawyer’s Help
Options for Posting Bail or Being Released
If bail is set, there are a few common paths to secure release:
- Cash Bail: Paying the full bail amount in cash to the court. When the case concludes, if all requirements are met, the money (minus court fees) is refunded.
- Bail Bond / Surety Bond: Paying a licensed bail bond agent (usually ~10% of bail) to post on behalf of the defendant. That 10% is a nonrefundable fee.
- Property Bond: Using real property (house, land) as collateral. The court places a lien on the property until the case is resolved. Requires court approval and proof of ownership.
- Release on Own Recognizance (O.R.): No bail required, released based on promise to appear. More common in less serious cases, strong community ties, and low flight risk.
What Happens If You Can’t Afford Bail?
If someone can’t afford the set bail amount:
- They may remain in custody until the case is resolved unless released on O.R. or another alternative.
- Their attorney can request a bail reduction hearing, arguing for lower bail or alternate release conditions.
- Courts must consider the defendant’s ability to pay, and may impose nonmonetary conditions (electronic monitoring, release under supervision). This is required under constitutional protections upheld in Humphrey.
Why Bail Matters: More Than Just Money
Getting bail sorted quickly is very important:
- Pretrial freedom: Being released allows someone to work, support family, prepare defense, and avoid jail conditions.
- Defense preparation: Access to counsel, ability to gather evidence, meet with witnesses.
- Reducing collateral damage: Some jobs or housing can be lost if someone stays incarcerated before trial.
A good criminal defense attorney can push for lower bail, alternative release conditions, or argue against cash requirements that functionally deny release.
Why Legal Help with Bail Is Crucial
A lawyer experienced in California criminal defense can:
- Monitor whether bail set exceeds statutory guidelines or is constitutionally unfair
- Gather evidence of ties to the community, employment, character references to argue for reduced bail
- Represent you at bail hearings
- Help navigate the bond process or property bond, ensuring less risk or loss
David P. Shapiro Criminal Defense Attorneys have deep experience with bail procedures in San Diego and across California. They investigate every case early, argue for fair bail amounts, and help clients understand their options so they’re not left powerless.
What to Do Now
If someone is facing felony charges in California:
- Ask immediately: What is my bail?
- Don’t assume the bail set is final — work with counsel to seek reductions or alternative release.
- Consider your options: cash, bond, property, or O.R.
- Document any community roots, job stability, family ties, etc., to present at a hearing.
- Act fast — early legal advocacy often leads to better outcomes.
Knowledge early can reduce uncertainty and protect freedom while the case proceeds.
