Felony vs misdemeanor bail in California: what is the difference?
Published 2026-04-18 • The Bail Plug Editorial
How bail amounts differ between felony and misdemeanor charges in California — typical bail ranges, release options, and what families should expect for each charge level.
How does the bail amount differ for felonies and misdemeanors?
The single biggest factor in how much bail costs in California is whether the charge is classified as a misdemeanor or a felony. Felony bail amounts are significantly higher — often 5 to 20 times more than misdemeanor bail for similar conduct — because the charges carry heavier potential sentences and the court considers the defendant a greater flight risk.
Understanding the differences helps families plan financially and make informed decisions about bail strategy.
Misdemeanor bail in California
Misdemeanors are less serious criminal offenses carrying a maximum sentence of one year in county jail. Common misdemeanors include:
- Simple assault or battery
- Petty theft (under $950)
- First-offense DUI without injury
- Trespassing
- Disorderly conduct
- Minor drug possession
Typical misdemeanor bail amounts
| Charge | Typical Bail Range |
|---|---|
| Simple battery | $5,000-$20,000 |
| Petty theft | $5,000-$10,000 |
| First DUI (no injury) | Often OR release or $5,000-$15,000 |
| Trespassing | $2,500-$10,000 |
| Drug possession (simple) | $5,000-$15,000 |
| Vandalism | $5,000-$20,000 |
Many misdemeanor charges result in OR (own recognizance) release or citation release, meaning the defendant is released without posting bail. This is especially common for first-time offenders with no prior criminal history and strong community ties.
When bail is required for a misdemeanor, the 10% premium on a $10,000 bail is $1,000. Payment plans are typically available.
Felony bail in California
Felonies are serious criminal offenses carrying potential sentences of more than one year in state prison. Felonies in California are further categorized as "strikes" or "non-strikes" under the Three Strikes Law, which affects sentencing and, indirectly, bail considerations.
Typical felony bail amounts
| Charge | Typical Bail Range |
|---|---|
| Burglary (residential) | $50,000-$100,000 |
| Robbery | $100,000-$250,000 |
| Assault with a deadly weapon | $50,000-$150,000 |
| Drug sales | $50,000-$100,000 |
| DUI with great bodily injury | $100,000-$500,000 |
| Attempted murder | $500,000-$1,000,000+ |
| Murder | $1,000,000+ (often no bail) |
Felony bail amounts reflect the severity of the charges and the potential sentence. A 10% premium on $100,000 bail is $10,000 — a significant financial commitment that often requires payment plans or collateral.
"Wobbler" charges: could go either way
California law classifies many offenses as "wobblers" — charges that can be filed as either a misdemeanor or a felony at the district attorney's discretion. Common wobblers include:
- Domestic violence (PC 273.5)
- Grand theft (PC 487)
- Assault with a deadly weapon (PC 245)
- DUI with injury
- Vandalism over $400
How a wobbler is filed directly affects bail. If the DA files it as a misdemeanor, bail is set at the misdemeanor schedule amount. If filed as a felony, bail jumps to the felony schedule amount.
At the time of booking, the initial bail amount may be based on the most serious possible charge. The DA's actual filing decision (which may come days later) can change the bail amount up or down.
Release options by charge level
| Release Option | Misdemeanor | Felony |
|---|---|---|
| Citation release (no bail) | Common for minor charges | Rare |
| OR (own recognizance) | Common for first offenders | Available but less common |
| Bail bond (10% premium) | Standard option | Standard option |
| Cash bail (full amount to court) | Option but expensive | Option but very expensive |
| Bail reduction hearing | Available | Available |
Does the charge level affect the bail agent's process?
The bail agent's process is the same regardless of charge level — verify custody, confirm bail amount, explain premium and cosigner obligations, post the bond. The difference is purely financial: higher bail means higher premium.
For large felony bail amounts, the bail agent may require collateral (property, vehicles, or other assets) in addition to the premium. This is determined by underwriting and risk assessment, not by the charge itself.
What if charges are upgraded or reduced?
Charges can change after initial booking:
- Upgraded: If additional evidence emerges (e.g., a victim's injuries worsen), misdemeanor charges may be upgraded to felonies, increasing bail
- Reduced: At a preliminary hearing or through plea negotiations, felony charges may be reduced to misdemeanors, which could lower bail
If charges change and bail is modified, the existing bond may need to be adjusted. Talk to the bail agent about how modifications are handled.
Call for immediate bail help
Whether the charge is a misdemeanor or felony, a licensed bail agent can verify the bail amount, explain your options, and post a bond 24/7. Call or text The Bail Plug for confidential assistance anywhere in California.