Felony vs. Misdemeanor Bail: What to Expect
The type of criminal charge — felony or misdemeanor — is one of the biggest factors in determining how much bail will cost. Understanding the difference can help you prepare financially and know what to expect when a loved one is arrested.
Understanding the Difference
Misdemeanors are less serious criminal offenses typically punishable by up to one year in county jail. Examples include petty theft, simple assault, first-offense DUI, disorderly conduct, and trespassing.
Felonies are serious criminal offenses punishable by more than one year in state or federal prison. Examples include burglary, robbery, drug trafficking, assault with a deadly weapon, and murder.
Typical Misdemeanor Bail Amounts
- Petty theft: $500-$5,000
- Simple assault: $1,000-$10,000
- DUI (first offense): $1,000-$10,000
- Disorderly conduct: $250-$2,500
- Trespassing: $500-$2,500
- Vandalism: $500-$5,000
- Possession of marijuana (small amount): $500-$5,000
Typical Felony Bail Amounts
- Burglary: $20,000-$100,000
- Robbery: $50,000-$500,000
- Drug trafficking: $25,000-$500,000
- Assault with a deadly weapon: $25,000-$250,000
- Domestic violence (felony): $10,000-$100,000
- Grand theft: $10,000-$100,000
- Sexual assault: $100,000-$1,000,000
- Murder: $500,000-$5,000,000+ (or no bail)
These ranges are estimates and vary dramatically by jurisdiction. Urban areas with higher costs of living often have higher bail amounts.
Factors That Affect Bail Amount
Beyond the felony/misdemeanor distinction, judges consider multiple factors:
- Criminal history: Repeat offenders face higher bail
- Severity within the category: A Class A felony has higher bail than a Class D felony
- Circumstances of the offense: Use of weapons, injury to victims, etc.
- Flight risk: Defendants with less community ties face higher bail
- Probation or parole status: Being on supervision increases bail
- Prior failures to appear: Dramatically increases bail
Bail Bond Costs by Offense Level
At a 10% bail bond premium, here's what you'd actually pay a bondsman:
- $2,000 misdemeanor bail: $200 premium
- $10,000 misdemeanor bail: $1,000 premium
- $50,000 felony bail: $5,000 premium
- $250,000 felony bail: $25,000 premium
For large felony bail amounts, most bondsmen offer payment plans to make the premium manageable.
When Bail Can Be Denied
In certain cases, a judge can deny bail entirely, keeping the defendant in custody until trial. This typically happens with:
- Capital offenses (murder with special circumstances)
- Cases where the defendant poses an extreme danger to the community
- Defendants who are considered extreme flight risks
- Certain federal offenses
- Violations of probation or parole with new serious charges