Assault & Battery Bail Bonds

Assault and battery are two different crimes in California, and people use the words as if they were one. That confusion matters at three in the morning, because which section appears on the booking sheet changes the bail figure by tens of thousands of dollars.

Scheduled bail amounts in Orange County

These are the figures from the county’s published schedule for the assault and battery charges we are asked about most.

Figures from the 2026 Uniform Bail Schedule published by the Superior Court of California, County of Orange, effective 1 January 2026. Schedules are revised annually and the booking charge is not always the one you expect — call us and we will confirm the current figure for the exact charge on the sheet.

Simple assault under § 240 and simple battery under § 242 are misdemeanors, set under the county misdemeanor schedule rather than the felony schedule above. Those figures are much lower. Call and we will read you the current amount.

Why PC 245 changes everything

Section 245 is where a fight becomes a felony exposure, and the statute breaks it into distinct situations with very different consequences:

• 245(a)(1) — assault with a deadly weapon or instrument other than a firearm. Punishable by two, three or four years in state prison, or up to a year in county jail, or a fine up to $10,000, or both.
• 245(a)(2) — assault with a firearm. Two, three or four years in state prison, or six months to a year in county jail, or a fine up to $10,000 and imprisonment. The scheduled bail doubles to $50,000.
• 245(a)(3) — assault with a machinegun, an assault weapon, or a .50 BMG rifle. Four, eight or twelve years in state prison. This is a different category entirely.
• 245(a)(4) — assault by means of force likely to produce great bodily injury. No weapon required. Two, three or four years in state prison, or up to a year in county jail, or a fine up to $10,000, or both.

That last one surprises families most often. A serious enough physical altercation can be charged under § 245(a)(4) with no weapon involved at all, carrying a $25,000 scheduled bail.

Source: California Legislative Information, Penal Code § 245, § 240 and § 242. We are a bail agency, not a law firm — this is general information, not advice about any particular case.

Misdemeanor or felony — and why you may not know yet

Several of these charges can be filed either way depending on the circumstances and the prosecutor’s decision. The booking charge is the arresting agency’s initial classification; the district attorney decides what is actually filed, and that can change.

What this means practically is that the number you are quoted at the jail is based on the booking charge, not on the final outcome of the case. It is the figure that governs release tonight, which is the only question in front of you right now.

When assault or battery is also a domestic violence case

If the alleged victim is a spouse, cohabitant, co-parent or dating partner, a very different set of rules applies on top of everything above. Under Penal Code § 1270.1, domestic violence offenses require a hearing in open court before release on own recognizance or at any amount other than the published scheduled figure.

In practice, posting the scheduled amount does not require a judge and can proceed at any hour, while asking a judge to reduce it waits for a court day. Read our domestic violence bail page before assuming this is a straightforward assault booking — and see PC 243(e)(1) domestic battery, which is the domestic-context version of a battery charge.

What families should do first

1. Find out the exact booking section. “Assault” is not enough — 240, 243(d), 245(a)(1) and 245(a)(2) are four different numbers on this page. We check this for free, usually in a few minutes.
2. Find out where they are being held. City jail or county intake changes the timeline.
3. Ask whether there is a domestic violence element. It changes the release rules entirely.
4. Get the premium in dollars before committing. The bail amount is not what you pay; the premium is a percentage at the rate filed with the California Department of Insurance.

Where they will be held and where the case is heard

Orange County custody runs through the Intake Release Center in Santa Ana, with transfers possible to Theo Lacy or the Musick Facility. North county matters are associated with the North Justice Center in Fullerton. That is what the courthouse handles, not a case assignment — the release paperwork and case record control where a case is actually heard.

City arrests often begin at a local facility — Fullerton, Santa Ana, Buena Park, Placentia, Brea, La Habra or Whittier. In Los Angeles County, custody runs through the Inmate Reception Center for men and the Century Regional Detention Facility for women.

Charges that sit next to assault

Where property is taken by force or fear the charge becomes robbery rather than assault, with bail at $50,000 or $100,000 depending on degree. If the allegation involves entering a home, see burglary.

Related pages

• Felony bail bonds, including PC 1275.1 source-of-funds reviews on larger bonds.
• Misdemeanor bail bonds.
• Domestic violence bail and PC 273.5 corporal injury.
• Warrant bail and failure to appear.

Common questions

What is the difference between assault and battery in California?

Penal Code § 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Penal Code § 242 defines battery as any willful and unlawful use of force or violence upon another person. Assault is the attempt; battery is the actual application of force.

How much is bail for assault with a deadly weapon in Orange County?

The 2026 Orange County Uniform Bail Schedule lists PC 245(a)(1) at $25,000, and PC 245(a)(2) assault with a firearm at $50,000. A judge can adjust these amounts.

Can you be charged with assault if nobody was hurt?

Injury is not an element of the statutory definitions above. Whether a particular set of facts supports a charge is a question for the court and for a defense attorney, not for a bail agency.

How much is bail for battery with serious bodily injury?

The 2026 Orange County schedule lists PC 243(d) at $25,000.

Is simple assault a felony?

Simple assault under § 240 and simple battery under § 242 are misdemeanors and are set under the county misdemeanor schedule, at much lower amounts than the felony figures on this page.

Where we work from

Our three offices are open 24 hours a day, every day of the year: Anaheim, Brea and La Habra. We post bail throughout Orange County and Los Angeles County and have done since 1997.