Gross Misdemeanor Domestic Assaults For gross misdemeanor domestic assault charges, just like with misdemeanors, the Court can set bail at up to 10 times the maximum fine amount. So, this means up to $30,000 without conditions. Again, the Court must set a bail amount without conditions.
Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
For gross misdemeanor domestic assault charges, just like with misdemeanors, the Court can set bail at up to 10 times the maximum fine amount. So, this means up to $30,000 without conditions. Again, the Court must set a bail amount without conditions.
California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.
The lowest degree of assault is simple assault or assault in the fifth degree and is considered a misdemeanor. Assault in the fourth degree is a wobbler offense that can be charged as a misdemeanor or felony. Third, second, and first-degree assault are all felony offenses.
California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.
Judges consider 13 specific factors when choosing conditions of release. Those conditions include the nature of the crime charged, the person's ties to the community, the person's financial resources, and the safety of others.