Bail For Aggravated Assault In Virginia

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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

There is no fixed schedule for bond amounts, but typical amounts might be $500-5000 for misdemeanors; $2500-10,000 for property and drug felonies; and $25,000-50,000 or much more for serious felonies.

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.

What factors does a magistrate consider when determining bail? By law, a magistrate must consider: (i) The nature and circumstances of the offense. (ii) Whether a firearm is alleged to have been used in the offense.

Virginia Code Section 19.2-120 states that a person pending a trial or hearing, shall be admitted to bail, unless there is reason to believe: They will not appear for trial. They are an unreasonable danger to himself/ herself. They would constitute an unreasonable danger to the public.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

A person convicted of aggravated assault in Virginia faces up to five years in prison and a fine of up to $2,500. In addition, anyone who is convicted of this crime may have to perform community service and undergo anger management courses, mental health counseling, or another type of rehabilitative program.

Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court. There are three types of bail set in Virginia criminal cases: Recognizance.

Virginia Code Section 19.2-120 states that a person pending a trial or hearing, shall be admitted to bail, unless there is reason to believe: They will not appear for trial. They are an unreasonable danger to himself/ herself. They would constitute an unreasonable danger to the public.

Virginia law allows the Court to dismiss certain types of criminal charges – including some Assault and Battery charges - when the accused and the alleged victim have resolved their differences. This is often referred to as a Satisfaction and Discharge or an and Satisfaction.

More info

Can you be released on bail if you were arrested in Virginia? Our Fairfax attorneys explain the types of bail and how the process of setting bail works.The Constitutions of the United States and of Virginia do not guarantee a defendant the right to bail in criminal cases. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor. Call us on 8886919319 or fill out this quick form and we will contact you within 24 hours! Parks Zeigler, PLLC – Attorneys At Law. For more information about bail and bonds, contact our Fairfax criminal defense attorneys for a consultation on your case today. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation. If you or a loved one is facing criminal charges in Virginia and is seeking bail or a bond, it is important to consult with an experienced criminal lawyer. Between the bond hearing and trial, you'll have to remain in jail if bail is denied.

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Bail For Aggravated Assault In Virginia