We share average bail amounts for common crimes such as assault, murder, drug charges, DWI, and many other crimes. The bail amounts listed are based on national averages; each jurisdiction can have variations in the exact bail bond amount set – view our specific bail amounts by crime in Texas.
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- How Is Bail Amount Determined?
- Who Sets The Bail Amount?
- How Can Bail Amount Be Lowered?
- Average Bail Amounts by Crime for Misdemeanors
- Average Bail Amounts by Crime for Felonies
Bail Amounts by Crime for Misdemeanors
Misdemeanors are lower-level offenses, typically less violent than felonies. An arrest is not often necessary with some misdemeanor charges, although in certain cases arrest occurs and bail needs to be posted. Depending on the state, misdemeanors are classified Class 1 or A, 2/B, and 3/C. We listed the average bail amounts for common misdemeanor charges.
Average Bail Amount for Assault
How much is bail for assault?
The bail amount for assaulting a peace officer (e.g. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. Assault against a spouse or someone else is much higher – around $10,000. The sexual battery carries a felony charge and is typically attached to a $25,000 bail bond. In lower-income areas like New Mexico and Texas, the bail amount is typically set around $2,500 to $5,000 for battery against a family member. The fee to obtain a $5,000 bail bond is usually 10%, so a $500 bail premium is charged to be released on a battery charge. This money is non-refundable and is due to be paid to a bail bondsman or the court. If a weapon is used in the assault, it becomes a felony with higher average bail amounts. Please review our felony bail amounts for assault below.
Average Bail Amount for Violation of Restraining Order
How much is bail for a violation of a restraining order?
Violating a temporary restraining order or any other protective order usually results in a $15,000 bail bond being set, whereas lower-income states only set bail around $1,000 as is the case in Washington. In most states, a criminal assessment is made on each individual which can cause the bail amount for a restraining to change significantly. The bail amount can increase 10x the base amount if a person is on the worst “poor” scale of the “excellent” to “poor” criminal history chart.
Average Bail Amount for Controlled Substance Possession
How much is bail for possession of a controlled substance?
Illegal possession of controlled substances comes with a $2,500 bail bond. A second offense results in a $10,000 bail bond, while bonds are set slightly lower at $1,000 for those that are arrested where evidence shows the person is a narcotic addict. States with lower income levels like Utah suggest a bail amount of around $500 to $750 and the exact charges are broken out from simple possession of controlled substances to distributing substances, and even altering labels, or mixing the substance in beverages.
Average Bail Amount for DUI or DWI
How much is bail for DUI or DWI?
Depending on the state, a DUI charge can include drug use but is typically tied to alcohol consumption while operating a vehicle. Some states like Texas separate DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges while other states group all charges under DUI. DUI charges are often given when the person is below the legal limit but their driving is still negatively impacted. A DWI requires the driver to be over the legal limit.
The first DUI charge can be as low as $500 but many states have increased the bail amount to $2,500. A second DUI increases the bail amount to $10,000. A third DUI charge comes with a $15,000 bail amount and significant legal implications for future driving rights. If a fourth DUI charge is received, the misdemeanor turns into a felony and a $50,000 bail bond is often required. Driving under the influence and causing bodily injury to someone often requires a bail bond of $25,000 in most cases. If there is gross negligence, the charge becomes a felony, and bail is set around $100,000.
In states in the South and Midwest where living expenses are typically lower and individuals have a lower income, the bail amount set for DUI/DWI starts around $2,500 for the first offense. 2nd and 3rd offenses increased by an additional $2,500. These rates are towards the higher end for low-income states. States like Texas and New Mexico take a strong stance against drunk driving and set bail higher to discourage the behavior.
Average Bail Amount for DUI on Suspended License
These offenses can result in arrest separately depending on circumstances, but when combined, they certainly lead to arrest with a bail amount set at $2,500.
Average Bail Amount for Public Intoxication
How much is bail for public intoxication?
The bail amount is set to $200-500 for public indecency or being overly drunk in public. This is the standard rate across most states and the charge is considered a typical low-level class C misdemeanor. The individual is assessed on their criminal history spectrum despite the light charge. If someone has a significant criminal history, the bail amount can quickly increase to more than $500, with additional stipulations around their release such as alcohol prevention treatment and drug testing. The defendant is responsible for all costs associated with such stipulations.
Average Bail Amount for Protesting
How much is bail for protesting/protesters?
The average bail amount for protesting can vary from state to state. California, NYC, and Chicago will be on the higher end due to being generally higher-cost living areas (and thus higher disposable incomes in most cases to warrant a higher bail amount). Each bail amount set will depend on the exact charge against the protestor. There is no such thing as a flat bail amount for protesting. Protesting can result in arrest due to a smaller misdemeanor charge or a higher-level felony offense.
The Washington Post analyzed arrest data from the George Floyd protests and found that 77% were accused of nonviolent misdemeanors with the most common charges being a violation of curfew or emergency orders. 22% had charges including violence or the threat of violence to people, businesses, or property. Common felony-related charges for protesting include rioting, burglary, looting, attempted murder, assault on police, weapons, and arson.
With such a wide range of arrest reasons, the exact bail amount for protesting can range from as little as $100 for a simple misdemeanor charge all the way up to $100,000 or higher for violent crimes that put people’s lives in danger. Bail funds are in place to help those who have been arrested while protesting and can’t afford the bail amount.
Average Bail Amount for Petty Theft
How much is bail for petty theft?
Petty theft falls under a low-level (class C) misdemeanor and typically has an average bail amount of $500. It’s important to note that theft is only petty and a misdemeanor if no violence or weapons were used and if there is no prior history of theft. With a prior conviction for theft, bail is set higher, around $5,000 to $20,000 depending on the state. The use of force and weapons quickly turns this into a felony theft/burglary charge.
Bail Amounts by Crime for Felonies
Felonies have a 5 to 10 times higher bail amount than misdemeanors. The primary reason for this is the added flight risk that comes from someone who committed a felony, or because of their perceived threat to the public as most felonies include an excessive amount of violence or the use of a weapon.
Average Bail Amount for Murder
How much is bail for murder?
There is no bail for murder under certain circumstances. Other murder arrests have a $1 million dollar bail that is typically set. Such cases are reviewed closely and can vary in amount due to the threat risk the person possesses if they were to make bail.
Attempted murder has a strict bail bond that is normally set at around $500,000. Willful and premeditated murder is served with a $1 million bail. Soliciting murder is also a $1 million bond, however many states hold a firm “no bail” stance on 1st-degree murder charges or where attempt or conspiracy to commit murder occurred. 2nd-degree murder and being an accessory to murder have a $500,000 bail amount associated with it, whereas soliciting murder has a $100,000 bail amount.
Average Bail Amount for Manslaughter
How much is bail for manslaughter?
The bail bond amount will depend on whether the charge is voluntary or involuntary. Voluntary manslaughter charges result in a $100,000 bail bond while involuntary charges are $25,000. Driving a vehicle with gross negligence also sets the bail at $100,000. On the lower end of the spectrum, bail amounts are set around $25,000 to $50,000 for manslaughter charges, including intoxication manslaughter which is a 2nd-degree felony. The bond range is set based on risk from low risk to high risk at $50,000. If bail is set at the lowest $25,000 for manslaughter because the individual has a light criminal history and is not a risk, then the individual will still need to come up with 10% of the $25,000 bail amount, which results in a non-refundable bail cost of $2,500 out of pocket to the bail bondsman.
Average Bail Amount for Kidnapping
How much is bail for kidnapping?
General kidnapping arrests come with a $100,000 bail bond in high-income states like California. If the kidnapping is of a child under 14 years of age, the kidnapping bail can be set to $500,000. Kidnapping for extortion, robbery, or during a carjacking can lead to a $1,000,000 bail amount being set. Lower-income states like Oklahoma, Texas, and Georgia carry a bail amount of $25,000 for attempted kidnapping, general kidnapping, and kidnapping for extortion. This can range up to $50,000 if the offender had a previous felony charge. In such cases, judges will often add an even higher bail amount since the person is perceived as high-risk. In most states, the bail amount will not even be set for a kidnapping charge until the first hearing is completed.
Average Bail Amount for Robbery
How much is bail for robbery?
First-degree robbery often comes with a $100,000 bail bond while a second-degree robbery comes at $50,000. On the low end, $25,000 is typically the minimum bail amount set for a robbery charge. This includes 2nd-degree robberies and robbery of controlled substances that are dangerous. The bail amount for robbery increases to $50,000 minimum for any robberies where a firearm is also used, or if force or fear is used. The bail is set to a $100,000 minimum if the person has a previous felony. This means that a robbery bail bond will be charged at the usual 10% bail fee by a bail bondsman which means $2,500 to $10,000 out of pocket (non-refundable) for the battery.
Average Bail Amount for Carjacking
How much is bail for carjacking?
Carjacking is the violent and illegal take over of a vehicle while the owner is still present. There is typically threat and force involved in the takeover of the vehicle. The bail amount is set between $25,000 and $100,000 for carjacking. A bail hearing is typically required in cases of carjacking before the bail amount is finalized. Carjacking should not be confused with the lighter misdemeanor charge which is car burglary, which doesn’t involve the presence of another person in the vehicle being burglarized. The burglary of a vehicle comes with a bail of $2,500 to $5,000 in most states.
Average Bail Amount for Assault
How much is bail for assault?
There are varying levels of assault. Assault with a deadly weapon (but not a firearm) often starts with a bail amount of around $25,000. Assault with a firearm jumps to $50,000. Any assault with a firearm upon a peace officer or firefighter has a higher $100,000 bail amount. Assault with the aim to commit rape or another sexual offense is treated much more aggressively and the bail can cost as much as $1,000,000.
Average Bail Amount for Domestic Assault
How much is bail for domestic assault?
Judges often prefer to set their own bail amounts for domestic assault charges involving family members since these are more sensitive and higher-risk matters due to family members sometimes looking to protect their attacks in fear of retaliation. The typical average bail amount for domestic assault tends to be around $5,000 to $15,000 and can go over $20,000 if it’s a repeat offense.
Average Bail Amount for Rape
How much is bail for rape?
Rape arrests often come with a bail bond amount of $100,000 in states like California which take a very aggressive stance against rape. Asset and income levels tend to be higher on the West Coast so the bail amounts reflect those asset levels. In the South and Midwest where income levels tend to be lower, bail amounts are around $25,000 for attempted rape or 2nd-degree rape charges and $50,000 for rape in the 1st-degree.
Average Bail Amount for Arson
How much is bail for arson?
Deliberately setting fire to an object or property is called arson. Arrest over arson has a bail amount of anywhere from $7,500 to $200,000 in some states and depending on the exact charges. 2nd-degree arson (involvement, but not direct), comes with bail as low as $7,500 in some states, while other states will punish it much more aggressively. 1st-degree arson starts at $20,000 in most states for the bail amount but is typically higher around $100,000 on the West Coast and other high-income areas. Arson to a structure or forest land costs $50,000 in most states, while arson to an inhabited structure has a higher $200,000 bail amount. Arson during a state of emergency when there are riots and panic in the streets comes with a $150,000 bail amount. The bail cost associated with these charges is usually 10% of the total bail amount set. This fee goes to the bail bondsman and is non-refundable, even if charges are dropped.
Average Bail Amount for Theft and Burglary
How much is bail for theft/burglary?
The difference between theft and burglary is that burglary involves entering a structure such as a home with the intent to commit a crime, while theft (larceny) does not need to involve a structure. If a burglary occurs on residential property, the bail amount is typically set around $25,000 to $50,000 if no other violations occur. Theft outside of a home or other structure with no other implications could be a simple $500 bail amount. If there is a sexual offense in addition to the burglary charge, the bail can automatically go over $100,000 and up to $1 million. Any violent assault or endangering behavior also increases the bail amount significantly and can be considered a 1st-degree violation. Grand theft and embezzlement come with a $20,000 bail or the value of the stolen items, whichever is greater.
Average Bail Amount for Stalking
How much is bail for stalking?
The first charge of stalking with no prior rules in place is usually a call for a $20,000 bail cost in California as an example, and just $10,000 for the 2nd charge in Oklahoma (the judge is involved in the first charge in Oklahoma regulations). If there is a restraining order in place that is violated for stalking, the bail amount will typically rise. Having a prior violation of the restraining order and being arrested for a second stalking case usually increased the bail amount to a much higher amount. In most states, the judge will want to have a preliminary hearing to learn more about the case to determine where the bail should be set. Stalking charges are often filed in the heat of the moment and officials have to comb through the details carefully to determine the true risk of the offender.
Average Bail Amount for Concealed Weapon Charge
How much is bail for concealed weapon charges?
An arrest for having a concealed weapon on a person or in a vehicle without a license can yield up to a $20,000 bail amount. Typically, these charges apply to prior felony convictions or prior violations of deadly weapons. The same applies if the concealed weapon carrier has a prior conviction where a crime occurred against another person, or property, or involving drugs.
Average Bail Amount for Illegal Possession of Loaded Weapon
How much is bail for illegal possession of a loaded weapon?
The bail amount set can vary from state to state as firearm laws can vary quite substantially. The bail amount is set around $20,000 in states like California where weapon laws are strictly enforced, whereas the charge in Oklahoma is just $500 for illegal possession of a weapon. The criminal history and details of the arrest can play a major role in determining the threat of the arrested person.
Average Bail Amount for Hit and Run
How much is bail for a hit-and-run?
If bodily injury or death occurs, the bail bond is set to $50,000 in California and $10,000 in most other areas where income levels tend to be lower. If no injury or death occurred, the amount drops to $5,000 in most states. The bail amount will be higher if alcohol or drugs were involved.
Average Bail Amount for Drug Possession
How much is bail for possession of drugs?
Minor amounts of drugs are often classified as misdemeanors as long as they are not repeating offenses, although this depends from state to state as some states take a more aggressive stance against any drug violation. If a person is arrested for larger quantities of drugs, whether for personal consumption or resale, the penalties fall under felony violations and come with much stiffer bail amounts. The bail amount set rises quickly, with $100,000 for more than 1 lb, 1 to 3 kilos at $500,000, and 4-10 kilos at $1 million in California. Most other states will not have a set bail schedule for drug charges by quantity. Such states focus on 1st and 2nd offenses where the first charge is around $2,500 bail and the 2nd charge is closer to $5,000. If significant drug volumes are involved, bail falls into a separate class where a preliminary hearing is held and much stiffer penalties are assessed. For example, selling marijuana and having a previous conviction will come with a minimum $50,000 bail bond.
Average Bail Amount for Marijuana Arrest
How much is bail for a marijuana arrest?
Marijuana is legal in a few states for medical and personal use. States that have not legalized marijuana typically focus on a simple misdemeanor charge for a first-time offense if someone has marijuana in their system or was caught in possession of a small amount. Marijuana charges and arrests can quickly escalate to significant felony levels if the person is found to be illegally growing marijuana which typically ends with a $5,000 to $20,000 bail bond being set. Possession of marijuana with the intent to sell starts with a $5,000 bail in most states, while some states with higher levels of living and higher income levels set bail around $20,000.
Average Bail Amount for Evading Arrest
How much is bail for evading arrest?
When evading arrest, a number of things can happen that would impact the bail amount set. Is the person evading arrest and potentially running on foot, are they using a vehicle to escape and endangering the lives of others, and have they hurt or killed someone while evading the arrest? Evading arrest without a vehicle and no consequences happening results in a bail bond amount of around $5,000. A felony charge is used for evasion of arrest if there was a previous conviction or if a vehicle was used, increasing the bail amount closer to $10,000. If there is death or injury, the person can be charged with a 2nd-degree (death) or 3rd-degree (injury) felony and the bond could increase to $10,000 – $20,000 in a state like Texas, all the way up to $100,000 or more in California and New York.
How Is Bail Amount Determined?
While many factors are taken into account when setting the bail amount for an offense, the deciding factors that play a role in determining the bail amount are:
- Your age
- If you have any other current charges
- Your criminal history
- Prior record of not appearing in court
- Your perceived threat or danger to the victim, family, or any member of the public
- Record of substance/drug abuse or a threat to oneself by suicide or other means
Significant differences exist in the costs of bail bonds depending on the charge being a misdemeanor vs a felony – felony charges can be 5 to 10 times higher due to the potential flight risk from a possible long-term sentence. Capital crimes, such as murder with substantial evidence, may not have a bail amount set due to the significant risk of harm to others. The same applies to major felony charges where there is strong evidence that bodily harm was done.
If a person was previously convicted of a capital crime and served their time and was released, but was later arrested again, that person will typically not be allowed to post bail in most counties.
Laws are in place to protect the arrested person, especially during this vulnerable and difficult time. If the arrested individual is stuck in jail without a bail amount set, or if the bail amount is set at a price that’s above their financial means, then that individual has the right to bring their case to the overseeing judge and the Court of Appeals where they can claim improper process and a lack of fair due-process around reducing the bail amount. Each county and jurisdiction handles this process differently – some more pro-defendant vs others who are more firm in holding the position that was initially set. This is one of the main reasons why bail reform is a sensitive topic.
Who Sets The Bail Amounts by Crime?
The bail amount can be set forth in the bail schedule for each county jail, or by a judge or magistrate.
Many counties have bail schedules that show bail amounts by crime. These are starting points when it comes to bail amounts. If the arrested person is not a repeat offender who presents significant risk outside of the standard levels, the bail schedule will typically apply. Posting the bail amount on the bail schedule is the fastest way to be released from jail.
The magistrate is an official who is below the judge. Magistrates often handle the process of setting the initial bail amount per county guidelines. They are used more frequently if bail schedules are not publicly accessible in their jurisdiction, and they handle lighter crimes like misdemeanors but also various felonies. A meeting can be set with the magistrate to push back on the bail amount set if the bail price was set at an unreasonable amount for the defendant.
Bail amounts can be set by judges for more significant felonies. Judges are also involved in the bail amount if the defendant makes a claim against the initial bail amount set, especially when lawyers are involved and an official complaint is being filed. We often see this in the media when popular public figures are arrested and various court hearings are scheduled to determine if the bail amount can be adjusted, or if a ruling of “cash bail” only or even no bail can be reduced to something more obtainable.
Unfortunately, in states where the magistrate handles the setting of bail amounts, there can be a wide range of prices set. While there are rules and guidelines for magistrates to follow, it does not guarantee that judgment and bias won’t come into play. “Stereotyping” might be too facile to describe the behavior, but it’s not out of the question for magistrates and judges to draw unfair conclusions when it comes to the bail amount set.
A lawyer should be involved in the event the crime is significant or the defendant feels unfairly treated in the hearings. This gray area and uncertainty around how bail will be set by a magistrate or judge lead us back to bail schedules. It’s usually a benefit to see bail schedules posted in counties. Not all counties have them but it’s the first thing to check – and if the bail amount is unattainable in the fee schedule, then a magistrate or judge can be consulted as an alternate option to lower costs.
How Can Bail Amount Be Lowered?
To reduce the bail amount set, it’s highly recommended to proactively pursue all of the below options to increase the odds of the judge lowering the bail amount.
Electronic Monitoring Device
Terms should be laid out by the county officials in clear writing that explains how the technology works and any limitations or inaccuracies with the geo-specific monitoring, as well as steps to take if an issue arises due to technology. The exact geo-fencing lines should be explained so the defendant clearly understands the limitations around the movement to stay within allowed geo boundaries.
Alcohol / Drug Vehicular Locking System
If an arrest resulted because of drug or alcohol use while operating a vehicle, it’s highly recommended to proactively approach the court to voluntarily install an ignition locking device to ensure the vehicle will not be operated while under influence. Costs will need to be covered by the person seeking release from jail.
Bond Reduction Letter
Write a letter to the judge requesting a reduction of the bail amount. Make it emotional and make sure it comes from the heart. The letter should touch on your personal relationship with the arrested person, why you are vouching for them, and reasons why their bail amount should be reduced. Use various suggestions in this article to recommend proactive steps that the person is willing to take (and that you’re willing to supervise) to ensure a successful transition back into the real world.
Offer the court the option of house arrest, ensuring you will limit your travel and will only leave the premise under the supervision and prior agreement.
Returning at a set time limits risk for the court and shows goodwill from the defendant. Most crimes occur after hours.
Voluntary Drug Testing / Rehab
Costs will need to be covered by the defendant. Scheduling is set by the courts randomly for drug testing. Rehab or alcohol intervention is highly recommended and further shows the proactive steps taken by the defendant. Agreeing to these terms must be done in writing. Not following through with the commitments can lead to re-arrest with increased bail set and possibly unattainable conditions for release. It’s important to note that additional fees are possible for equipment, supervision, and drug testing.
A bounty hunter is hired by a bail bondsman to locate and arrest a person who does not show to court as agreed in their bail bond agreement. Bounty hunters are sometimes referred to as bail recovery agents.