Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. However, the amount of the bail depends on the crime committed, previous criminal history, severity and intention of the assault, and other factors that are considered when setting the bail.
For example, some of the factors that play a part in establishing the bail amount include…
- Your age
- Your criminal history
- The jurisdiction you are in
- Other current charges that you may have
- Your prior record of not appearing in court
- Level of threat you may represent to yourself and/or others
For example, in some states, such as California, the bail schedule for simple assault is $5,000. However, this can be adjusted higher or lower based on the facts of the case and the defendant’s prior criminal history.
Bail schedules are not the same in every state and country, and they can vary widely; also, the bail amount is not always set by the court and can be negotiated with the bail bond agency, which may charge a non-refundable fee, called a premium, for their services.
The bail amount depends on whether the charge is a misdemeanor or a felony. Felony charges are usually five to ten times higher due to the potential flight risk from a probable long-term sentence. That being said, major crimes, such as murder with substantial evidence, most likely will not have a bail amount because of the high risk of harm to other people.
Misdemeanor assaults are the least serious among assault and battery crimes as they commonly don’t involve serious injury and include a minimal threat of violence.
In most U.S. states, when arrested again, you will not be allowed to post bail if you were previously convicted of a capital crime (and served prison time).