Assault vs. battery
Assault (PC §240) is an unlawful attempt with present ability to injure someone; no contact is required. Battery (PC §242) is the actual willful use of force. Either can be charged without the other.
California Penal Code / Assault & battery
Assault & Battery Bail Bonds in California
California assault and battery allegations range from simple misdemeanors to serious felonies involving weapons, significant injuries or protected victims. The exact statute, the filing classification, the county release protocol and any court order determine which bail options may be available.
Not every assault or battery arrest requires a commercial bail bond. Start with the exact booking and court record, then check the release procedure that actually applies.
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- 01Defendant info
- 02Location
- 03Contact info
01 / Overview
Understanding California assault & battery charges
The exact statute matters more than the label.
“Assault” and “battery” describe different legal conduct, and each has simple and aggravated forms. An arrest is not proof of guilt, and a serious-sounding label does not by itself establish that financial bail is required. The filed section, the classification and the county protocol control the release question.
Simple vs. aggravated
Simple assault and battery are generally misdemeanors. Weapons, force likely to produce great bodily injury, serious bodily injury and protected victims create aggravated forms with different classifications.
Classification decides the schedule
Several assault statutes are “wobblers” that can be filed as misdemeanors or felonies. The 2026 LA County schedules treat the same section differently depending on the filing.
Release is a separate question
Book and Release, Magistrate Review, financial bail and court conditions are distinct routes. The allegation’s seriousness and the actual charged offense are separate questions from guilt or conviction.
Separate weapons-possession charges are different from firearm assault. Domestic violence rules address qualifying relationships, while felony release guidance explains the broader classification framework.
Start with the record: official custody tools · jail and detention resources · court resources · bail and booking resources. Browse every guide in the bail bond services directory.
02 / California Penal Codes
California assault & battery laws explained
Understand the Penal Code before understanding the bail.
A / Simple assault & battery
The foundational offenses
Assault is the attempt; battery is the contact. Neither requires an injury.
PC §240
Assault
- What it covers
- An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
- What distinguishes it
- Physical contact is not required. The attempt and present ability are the elements; an accusation alone does not establish either.
- Classification
- The definitional section; punishment is set by §241 and related provisions.
- Why it matters for release
- Do not assume every assault booking requires money bail. Verify the exact section filed and any additional counts.
PC §241
Assault punishment
- What it covers
- The punishment provision for simple assault, with separate classifications when the alleged victim is a peace officer or another protected person engaged in duty.
- What distinguishes it
- Simple assault is generally a misdemeanor. Protected-person classifications carry their own provisions and must be checked individually.
- Classification
- Generally misdemeanor.
- Why it matters for release
- The 2026 LA County misdemeanor schedule lists BR for §241 (p. 14) — a nonfinancial book-and-release route for eligible bookings, not a dollar amount.
PC §242
Battery
- What it covers
- Any willful and unlawful use of force or violence upon the person of another.
- What distinguishes it
- Battery requires actual force or contact; assault does not. The contact need not cause an injury to be charged.
- Classification
- The definitional section; punishment is set by §243 and related provisions.
- Why it matters for release
- The exact subdivision filed controls the classification and the release protocol. Read the booking, not just the word “battery.”
PC §243(a)
Simple battery
- What it covers
- The standard punishment provision for battery: willful, unlawful use of force against another person without a qualifying injury or protected-victim circumstance.
- What distinguishes it
- Distinguished from §243(d) by the absence of serious bodily injury, and from §243(b)/(c) by the absence of a protected person performing duties.
- Classification
- Generally misdemeanor.
- Why it matters for release
- The 2026 LA County misdemeanor schedule lists BR for §243(a) (p. 14). Verify exceptions, other counts and any court order.
B / Battery involving injury
When an injury changes the charge
Serious bodily injury and protected-person allegations carry their own subdivisions and release treatment.
PC §243(b)
Battery on specified protected personnel
- What it covers
- Battery against people specified in §243(b), including peace officers, firefighters and emergency personnel performing their duties, when the defendant knows or reasonably should know their status.
- What distinguishes it
- Section 243(b) does not require the injury element used in §243(c). The protected categories and duty requirements must be checked rather than assumed from a job title.
- Classification
- Misdemeanor under this subdivision.
- Why it matters for release
- The 2026 LA County misdemeanor schedule lists MR for §243(b), printed p. 14. No fixed scheduled dollar amount applies.
PC §243(c)
Protected-person battery involving injury
- What it covers
- Section 243(c)(1) covers injury-producing battery against its specified protected personnel; §243(c)(2) separately addresses a peace officer engaged in duty, including its injury circumstances.
- What distinguishes it
- The covered categories and punishment alternatives differ between subdivisions. “Injury” here is defined in §243(f)(5) by the need for professional medical treatment; it is not the serious-bodily-injury definition used by §243(d).
- Classification
- Misdemeanor or felony alternatives depend on the precise subdivision and injury circumstances.
- Why it matters for release
- Misdemeanor §243(c)(1) and (c)(2): MR, printed p. 14. The felony schedule’s “upon peace officer, etc., with injury” §243(c) entry is also MR, printed p. 14.
PC §243(d)
Battery causing serious bodily injury
- What it covers
- Battery that inflicts serious bodily injury on another person.
- What distinguishes it
- “Serious bodily injury” is a defined legal category — a substantial impairment of a physical condition. It is a different concept from the separately pleaded “great bodily injury” enhancement.
- Classification
- A wobbler: it may be charged as a misdemeanor or a felony.
- Why it matters for release
- The misdemeanor schedule lists MR (p. 14); the felony schedule lists a $50,000 scheduled amount and marks it serious under PC §1192.7(c)(8) (p. 14). The filed classification controls.
PC §243(e)(1)
Domestic battery
- What it covers
- Battery committed against a spouse, cohabitant, co-parent, fiancé(e) or qualifying dating partner.
- What distinguishes it
- The qualifying relationship is an element. This allegation belongs to the domestic violence framework and can trigger PC §1270.1 hearing requirements.
- Classification
- Generally misdemeanor, with separate procedures.
- Why it matters for release
- The 2026 LA County misdemeanor schedule lists a $20,000 scheduled amount for §243(e) (p. 14). See the separate Domestic Violence guide for the full treatment.
C / Aggravated assault
Weapons, firearms and qualifying force
Each §245 subdivision addresses distinct conduct. They are not interchangeable labels.
PC §245(a)(1)
Assault with a deadly weapon other than a firearm
- What it covers
- Assault committed with a deadly weapon or instrument other than a firearm.
- What distinguishes it
- A “deadly weapon” is an object used in a manner capable of producing death or great bodily injury. An object may qualify because it is inherently deadly or because of the manner of its alleged use.
- Classification
- A wobbler: misdemeanor or felony.
- Why it matters for release
- Misdemeanor schedule: MR (p. 14). Felony schedule: $30,000, marked serious under PC §1192.7(c)(31) (p. 14).
PC §245(a)(2)
Assault with a firearm
- What it covers
- Assault committed with a firearm.
- What distinguishes it
- The firearm element distinguishes it from §245(a)(1). It has its own classifications and potential punishment ranges.
- Classification
- A wobbler: misdemeanor or felony.
- Why it matters for release
- Misdemeanor schedule: MR (p. 14). Felony schedule: $30,000, marked serious under PC §1192.7(c)(31) (p. 14).
PC §245(a)(4)
Assault by force likely to produce great bodily injury
- What it covers
- Assault committed by means of force likely to produce great bodily injury.
- What distinguishes it
- No weapon and no actual injury are required; the allegation concerns the degree of force allegedly used. An arrest-report label is not proof that the force legally qualified.
- Classification
- A wobbler: misdemeanor or felony.
- Why it matters for release
- Both the misdemeanor and felony 2026 LA County schedules list MR (p. 14) — a magistrate reviews release; there is no fixed scheduled dollar amount for this subdivision.
PC §245(b)
Assault with a semiautomatic firearm
- What it covers
- Assault committed with a semiautomatic firearm.
- What distinguishes it
- A separate subdivision with its own punishment range, distinct from both §245(a)(1) and §245(a)(2).
- Classification
- Felony.
- Why it matters for release
- The 2026 LA County felony schedule lists $75,000, marked serious under PC §1192.7(c)(31) (p. 14).
PC §245(c)
Assault on a peace officer or firefighter
- What it covers
- Qualifying assault with a deadly weapon other than a firearm, or force likely to produce great bodily injury, upon a peace officer or firefighter engaged in duty.
- What distinguishes it
- The protected-person and duty elements must be alleged and supported. It is not interchangeable with §245(a)(1).
- Classification
- Felony.
- Why it matters for release
- The 2026 LA County felony schedule lists $50,000, marked serious under PC §1192.7(c)(11) and (c)(31) (p. 14).
PC §245(d)
Firearm assault on a peace officer or firefighter
- What it covers
- Specified firearm assaults upon a peace officer or firefighter engaged in duty, with separate subdivisions for firearms, semiautomatic firearms and machineguns or assault weapons.
- What distinguishes it
- The weapon type and the protected-person elements each carry distinct subdivisions and punishment ranges.
- Classification
- Felony.
- Why it matters for release
- The 2026 LA County felony schedule lists $100,000 for §245(d)(1) and $200,000 for §245(d)(2), both marked serious under §1192.7(c)(11) and (c)(31) (p. 14). This table does not supply an unverified §245(d)(3) amount.
D / Special circumstances
Protected victims, relationships and enhancements
These provisions apply only when their specific statutory conditions are alleged and supported.
PC §273.5
Corporal injury to a specified person
- What it covers
- Willfully inflicting corporal injury resulting in a traumatic condition upon a spouse, cohabitant, co-parent or qualifying partner.
- What distinguishes it
- Requires a traumatic condition and a qualifying relationship. It is a domestic violence offense, not ordinary battery.
- Classification
- A wobbler: misdemeanor or felony; specified priors change the punishment.
- Why it matters for release
- The 2026 LA County felony schedule lists $50,000, or $100,000 with a qualifying prior conviction (p. 15). Covered in depth in the Domestic Violence guide.
PC §12022.7
Great bodily injury enhancement
- What it covers
- An enhancement adding punishment when the defendant personally inflicts great bodily injury in the commission of a qualifying felony.
- What distinguishes it
- Generally requires personal infliction of significant or substantial injury on someone other than an accomplice during a qualifying felony. Subdivision-specific rules and statutory exceptions apply; it is not automatic whenever someone is hurt.
- Classification
- Sentencing enhancement.
- Why it matters for release
- The LA felony schedule INJURY enhancement entry includes §12022.7 at $30,000, printed p. 28. It is not a standalone charge, an automatic total or an amount to add without applying the schedule’s rules.
PC §422
Criminal threats
- What it covers
- Willfully threatening to commit a crime resulting in death or great bodily injury, with the specific intent that the statement be taken as a threat, causing sustained fear under the statutory conditions.
- What distinguishes it
- A separate offense with its own elements; it is not a form of assault, and it is not established by angry words alone.
- Classification
- A wobbler: misdemeanor or felony.
- Why it matters for release
- The 2026 LA County felony schedule lists $50,000, marked serious under PC §1192.7(c)(38) (p. 18). Relevant only when separately alleged.
PC §136.2
Criminal protective orders
- What it covers
- Authorizes specified protective orders in criminal proceedings when the statutory basis exists, including protection against intimidation or harm to victims and witnesses.
- What distinguishes it
- An order is a court restriction, not an assault offense or a bail premium. Scope, duration and post-conviction authority depend on the statutory provision and actual order.
- Classification
- Court-order provision, not a standalone assault charge.
- Why it matters for release
- Posting bail does not cancel a no-contact or stay-away order. Read the order and seek counsel before contacting a protected person.
03 / Simple vs. aggravated
Simple assault vs. battery vs. aggravated assault
Seven distinct allegations. Contact, injury and weapon type matter.
The label on an arrest report is not the legal analysis. Each category below has its own elements, and the seriousness of an allegation is a separate question from guilt or conviction. LA County protocol examples are illustrative, not statewide promises.
- 01
Simple assault
PC §§240 / 241- Classification
- Generally misdemeanor
- LA County review
- BR in the 2026 LA County misdemeanor schedule
- Financial bail
- Nonfinancial protocol for an eligible booking
- Possible allegations
- Unlawful attempt with present ability; no physical contact required
- 02
Simple battery
PC §§242 / 243(a)- Classification
- Generally misdemeanor
- LA County review
- BR in the 2026 LA County misdemeanor schedule
- Financial bail
- Nonfinancial protocol for an eligible booking
- Possible allegations
- Willful, unlawful use of force; contact required, injury is not
- 03
Battery with serious bodily injury
PC §243(d)- Classification
- Wobbler: misdemeanor or felony
- LA County review
- MR misdemeanor; $50,000 felony schedule entry
- Financial bail
- Financial amount applies only to the felony filing
- Possible allegations
- Unlawful contact and actual serious bodily injury are required; §243(f)(4) defines the injury category, not every bruise or complaint of pain.
- 04
Assault with a deadly weapon
PC §245(a)(1)- Classification
- Wobbler: misdemeanor or felony
- LA County review
- MR misdemeanor; $30,000 felony schedule entry
- Financial bail
- Financial amount applies only to the felony filing
- Possible allegations
- A deadly weapon other than a firearm; physical contact and actual injury are not required. Objects can qualify because of their nature or the manner of use.
- 05
Assault with force likely to produce great bodily injury
PC §245(a)(4)- Classification
- Wobbler: misdemeanor or felony
- LA County review
- MR in both 2026 LA County schedules
- Financial bail
- No fixed scheduled dollar amount; a magistrate decides
- Possible allegations
- The degree of force, not a weapon and not necessarily an actual injury
- 06
Assault with a firearm
PC §245(a)(2)- Classification
- Wobbler: misdemeanor or felony
- LA County review
- MR misdemeanor; $30,000 felony schedule entry
- Financial bail
- The $30,000 financial entry applies only to the felony filing
- Possible allegations
- Assault involving a firearm; contact and actual injury are not required. Discharging the firearm is not required in every firearm assault.
- 07
Assault with a semiautomatic firearm
PC §245(b)- Classification
- Felony
- LA County review
- $75,000 in the 2026 LA County felony schedule
- Financial bail
- A distinct financial entry, not the $30,000 firearm-assault entry
- Possible allegations
- A semiautomatic firearm must be involved in the alleged assault; contact and actual injury are not required. The weapon classification is a factual and legal question.
The exact statute, evidence, filing and current court order control. This guide does not decide whether a particular person is guilty or qualifies for any release route.
04 / Verified LA County entries
How much is bail for assault & battery in California?
There is no universal California bail amount for assault or battery.
These are actual 2026 Los Angeles County pre-arraignment entries, effective January 1, 2026. Many assault and battery allegations use BR or MR rather than a financial amount; serious felony allegations carry scheduled amounts. The applicable court schedule, offense classification, additional allegations and judicial decisions can materially change the outcome.
- BRBook and Release
Eligible booking followed by release on a written promise to appear. Other charges and holds may prevent release.
- MRMagistrate Review
A magistrate decides release and conditions. The protocol treats eligible MR offenses as nonfinancial ($0), subject to exceptions; MR is not an automatic $0 financial-bail order or a guarantee of release.
- Scheduled amountFinancial entry
A specified financial condition for the listed allegation and filing. Not a quote for a bail bond premium, and not the amount ordered in every case.
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Simple assault | PC §241 | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible booking and release on a written promise to appear; exceptions and other counts still apply. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Simple battery | PC §243(a) | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible book-and-release route; verify the whole booking, not just one entry. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Battery on a peace officer or emergency personnel | PC §243(b) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | A magistrate reviews release and conditions before release. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Battery on a protected person with injury | PC §243(c)(1)–(c)(2) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; the injury allegation and protected-person element are checked. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Battery on a protected person with injury | PC §243(c) | Felony · LA County | MR | Judicial review — no fixed financial amount | Felony-schedule magistrate review; classification is checked against the filing. | Felony schedule, p. 14 (opens in a new tab) |
| Battery with serious bodily injury | PC §243(d) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review when filed as a misdemeanor. | Misdemeanor schedule, p. 14 (opens in a new tab) |
View all schedule examples
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Battery with serious bodily injury | PC §243(d) | Felony · serious allegation | $ | $50,000 | Scheduled financial amount when filed as a felony; marked serious under PC §1192.7(c)(8). | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a deadly weapon other than a firearm | PC §245(a)(1) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review when filed as a misdemeanor. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Assault with a deadly weapon other than a firearm | PC §245(a)(1) | Felony · serious allegation | $ | $30,000 | Scheduled financial amount when filed as a felony; marked serious under PC §1192.7(c)(31). | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a firearm | PC §245(a)(2) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review when filed as a misdemeanor. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Assault with a firearm | PC §245(a)(2) | Felony · serious allegation | $ | $30,000 | Scheduled financial amount when filed as a felony; marked serious under PC §1192.7(c)(31). | Felony schedule, p. 14 (opens in a new tab) |
| Assault with force likely to produce great bodily injury | PC §245(a)(4) | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; no fixed scheduled dollar amount for this subdivision. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Assault with force likely to produce great bodily injury | PC §245(a)(4) | Felony · LA County | MR | Judicial review — no fixed financial amount | Felony-schedule magistrate review; the court decides release and conditions. | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a semiautomatic firearm | PC §245(b) | Felony · serious allegation | $ | $75,000 | Scheduled financial amount; marked serious under PC §1192.7(c)(31). | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a deadly weapon or qualifying force on a peace officer or firefighter | PC §245(c) | Felony · serious allegation | $ | $50,000 | Scheduled financial amount; marked serious under PC §1192.7(c)(11) and (c)(31). | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a firearm on a peace officer or firefighter | PC §245(d)(1) | Felony · serious allegation | $ | $100,000 | Scheduled financial amount; protected-person and duty elements are checked. | Felony schedule, p. 14 (opens in a new tab) |
| Assault with a semiautomatic firearm on a peace officer or firefighter | PC §245(d)(2) | Felony · serious allegation | $ | $200,000 | Scheduled financial amount; the highest assault tier in this table. | Felony schedule, p. 14 (opens in a new tab) |
| Corporal injury to a specified person | PC §273.5 | Felony · LA County | $ | $50,000 | Scheduled financial amount; $100,000 with a qualifying prior under §273.5(f). See the Domestic Violence guide. | Felony schedule, p. 15 (opens in a new tab) |
| Great bodily injury — enhancement entry, not a standalone charge | PC §12022.7 | Felony schedule · enhancement section | $ | $30,000 | The INJURY enhancement entry includes §12022.7. Applies only to a legally applicable allegation; do not automatically add this figure to an underlying charge or treat it as a total bail order. | Felony schedule, p. 28 (opens in a new tab) |
| Criminal threats, when separately alleged | PC §422 | Felony · serious allegation | $ | $50,000 | A separate charge with its own elements; marked serious under PC §1192.7(c)(38). | Felony schedule, p. 18 (opens in a new tab) |
- BR means Book and Release and MR means Magistrate Review. Neither is a universal guaranteed dollar amount for a commercial bond.
- A $30,000 or $50,000 felony schedule entry does not apply to a simple misdemeanor assault or battery. The filed classification controls which schedule and which entry applies.
- PC §245(a)(4) has no fixed scheduled dollar amount in either 2026 LA County schedule; both list MR. Do not substitute another subdivision’s amount.
- Multiple counts, enhancements, warrants, felony probation, parole, PRCS and qualifying failures to appear can alter the release route. See the protocol’s general provisions.
- Pre-arraignment protocol decisions do not bind the arraignment court. A judge may set a different amount or different conditions, and a scheduled amount is not the amount ordered for every individual defendant.
- Official scheduleLos Angeles County 2026 Felony Bail ScheduleView court schedule: Los Angeles County 2026 Felony Bail Schedule (opens in a new tab)
- Official scheduleLos Angeles County 2026 Misdemeanor Bail ScheduleView court schedule: Los Angeles County 2026 Misdemeanor Bail Schedule (opens in a new tab)
Not sure what the allegation means for bail?
05 / Weapons & serious injury
How weapons & serious injuries can change assault bail
Three different legal ideas that are easy to confuse.
- Alleged dangerous force
Assault with a weapon or qualifying force
PC §245(a)(1), (a)(2), (a)(4) and (b) concern how the alleged force was used. No actual injury is required for these assault allegations; the weapon or the degree of force is the element.
- An actual injury allegation
Battery causing serious bodily injury
PC §243(d) requires the legally defined serious bodily injury. It is a different statute from the assault subdivisions, with its own wobbler classification and schedule entries.
- A separately pleaded enhancement
Great bodily injury under PC §12022.7
An enhancement must be separately alleged and proved, and statutory exceptions apply. It is not automatic whenever someone is hurt, and it is not a standalone charge.
Deadly weapons — PC §245(a)(1)
This subdivision excludes firearms. An object may be inherently deadly or qualify because of the manner in which it was allegedly used. Contact or a completed injury is not required. The felony schedule is $30,000; misdemeanor treatment is MR.
Firearm allegations — PC §245(a)(2)
The firearm distinguishes this allegation from a nonfirearm deadly weapon. The prosecution must establish the assault elements, not merely possession of a gun. LA’s felony entry is $30,000; its misdemeanor entry is MR.
Semiautomatic firearms — PC §245(b)
This is a distinct felony with a $75,000 LA schedule entry. Do not infer the firearm type from a generic booking description or apply the $30,000 entry for §245(a)(2) to this subdivision.
Force likely to produce GBI — PC §245(a)(4)
The allegation addresses the likelihood and degree of force, not proof of a completed injury. No weapon is required. Both LA schedules list MR, and a separately pleaded §12022.7 enhancement requires its own analysis.
Serious bodily injury — PC §243(d)
Battery requires unlawful contact; this subdivision also requires serious bodily injury, defined as a serious impairment of physical condition in §243(f)(4). Misdemeanor MR and the $50,000 felony entry are distinct. Injury alone does not dictate a felony filing.
Great bodily injury — PC §12022.7
This enhancement generally requires personal infliction of significant or substantial physical injury during a qualifying felony, with subdivision-specific rules and exceptions. It is not interchangeable with §243(d). The LA enhancement section lists $30,000 on printed p. 28, not an automatic total or add-on for every injury.
Protected victims change the tier
Qualifying assaults on peace officers or firefighters under §245(c) and (d) carry scheduled amounts from $50,000 to $200,000.
Additional charged offenses
Criminal threats, domestic violence offenses or weapons counts alleged alongside an assault each have their own elements and release treatment.
Judicial review
MR entries and serious-allegation designations mean a magistrate or judge reviews release and conditions. Paying a premium cannot replace that review.
Not every assault involves injury
Assault can be charged with no contact at all. Do not assume an injury, a weapon or an enhancement exists in a particular case without the record.
Enhancements are not automatic
A great bodily injury enhancement applies only when pleaded and proved under its own statutory requirements.
No weapon, injury, enhancement or protected-victim circumstance is assumed in every assault case. Each must be checked against the actual booking and filing.
06 / Special victims & related charges
When the circumstances change the charge
Special victims and related charges have their own rules.
Protected-person allegations
- Peace officersBattery on a peace officer engaged in duty (§243(b)–(c)) and qualifying assaults on officers (§245(c)–(d)) carry distinct elements: the person’s status, the performance of duty and the defendant’s knowledge.
- Firefighters & emergency personnelSpecified battery and assault provisions cover firefighters, EMTs and other emergency workers engaged in duty, with schedule entries distinct from ordinary simple battery.
- Elder & dependent adultsBattery against an elder or dependent adult (§243.25) is listed separately in the misdemeanor schedule as MR. Elder abuse offenses are a distinct topic covered in their own guide.
- Qualifying relationshipsDomestic battery (§243(e)(1)) and corporal injury to a specified person (§273.5) require a qualifying relationship. They belong to the domestic violence framework, not ordinary battery.
Keeping the topics distinct
- Domestic violence is its own topicWhen a qualifying relationship is alleged, the Domestic Violence guide explains §243(e)(1), §273.5, protective orders and §1270.1 hearings in full. This page explains only how ordinary assault and battery relate to that framework.Domestic Violence guide
- Firearm assault is not a weapons-possession caseAssault with a firearm concerns the alleged use of force. Separate firearm-possession or prohibited-person charges are covered in the Weapons Charge guide; the two topics answer different questions.Weapons Charge guide
- Criminal threats are separatePC §422 has its own elements — a willful threat, specific intent and sustained fear under the statutory conditions. It appears here only because it is sometimes alleged alongside an assault.
- Witness intimidation is a separate allegationPC §136.1 addresses specified efforts to prevent or dissuade a victim or witness from reporting or participating. It requires its own elements; an assault accusation does not automatically establish intimidation. Read any PC §136.2 protective order before making contact.
California Penal Code §136.1 — witness intimidation
View official statute: California Penal Code §136.1 — witness intimidation (opens in a new tab)- 01
Identify the alleged victim category
Check whether the booking references a protected person, a qualifying relationship or an elder or dependent adult.
- 02
Match the exact section
The subdivision determines the classification, the schedule entry and whether special hearing rules apply.
- 03
Check for companion charges
Threats, weapons counts or domestic violence offenses alleged alongside the assault each carry their own release treatment.
- 04
Confirm the court’s order
Protective orders and release conditions are court decisions; verify them before making any arrangement.
Set Free does not provide legal representation. Ask a criminal defense attorney how the specific allegations and relationships in the case affect the charges and release.
07 / Release conditions & hearings
What happens when a court reviews assault bail?
Verify the order before arranging a bond.
PC §1269b
County bail schedules
Superior Court judges adopt county bail schedules and the pre-arraignment release procedures that apply to booked offenses.
Use the applicable county schedule and protocol, not a generic online estimate of “assault bail.”
PC §1270
Bail and own-recognizance release
Addresses release on bail or own recognizance. A misdemeanor defendant is entitled to OR release unless the court makes the statutory public-safety or appearance findings; felony OR release remains subject to governing restrictions.
Release decisions remain judicial decisions even when a booking has a protocol designation.
PC §1270.1
Hearings for specified offenses
For listed offenses, an open-court hearing is required before OR release or bail above or below the schedule. Categories include specified serious or violent felonies, §243(e)(1), §273.5 and felony §422; exceptions and the precise statute must be checked.
PC §1270.1 applies only when its specific statutory conditions are met. Not every assault allegation triggers a special bail hearing.
PC §1275
Public safety & appearance
In setting, reducing or denying bail, the court weighs the protection of the public and victims, the seriousness of the charge, previous criminal record and the probability of appearance.
Victim-safety considerations can shape conditions such as no-contact requirements.
PC §1275.1
Source of bail security
When the statutory probable-cause process is invoked, release cannot be secured with money or property the court finds was feloniously obtained.
An assault accusation does not automatically create a source-of-funds hold; the statutory process must actually be invoked.
PC §1318
Written promises after release
Own-recognizance release requires the statutory written agreement to appear and comply with applicable conditions.
Nonfinancial release still creates enforceable court obligations, including any protective order.
Constitutional framework
In re Humphrey (2021): ability to pay matters
The California Supreme Court requires consideration of ability to pay and less restrictive conditions before unaffordable financial bail results in detention. The decision does not guarantee release, erase valid statutory restrictions or prevent a court from setting conditions that protect an alleged victim.
- Release is not dismissalThe case continues after release, and the person must attend every court date.
- Protective orders can applyA court can impose no-contact or stay-away conditions as part of release; violating them has its own consequences.
- A bond agent cannot change court ordersA commercial bail agent cannot cancel, modify or bypass a protective order, a hold or any other court condition.
- Other cases remain separateA warrant or supervision matter in another case can keep someone in custody even after bail is arranged on the assault charge.
08 / Bond costs
What does an assault & battery bail bond cost?
Court-set bail, premium and payment terms are different numbers.
Court-set bail
The financial security the court requires for appearance. If the person is released under a qualifying BR, MR or own-recognizance route, a commercial bond may not be necessary at all.
Bond premium
The fee for a surety bond securing the full bail amount. The surety’s rate filed with the California Department of Insurance and the signed contract govern; the premium is generally not refunded.
Initial payment
An amount paid at signing toward the premium, if an approved written agreement permits it. This page does not promise a particular down payment.
Remaining financed premium
A payment plan spreads the unpaid premium, not the court’s entire bail amount. Ask about the written balance, due dates and any applicable terms; approval is not guaranteed.
Collateral
Property or other security may be requested. Understand how it is held, when it is released and any obligations still outstanding; do not assume every agreement is collateral-free.
Co-signer responsibility
An indemnitor can be responsible for expenses and the full bond amount if the defendant does not appear, under the agreement. Read every obligation before signing.
Release scenarios / When a bond is needed
Does every assault or battery arrest require a bail bond?
No. Check the release route before the cost.
- Scenario A
Book and Release
Eligible simple assault (§241) and simple battery (§243(a)) bookings may use BR in Los Angeles County. The person is booked and released on a written promise to appear.
No bond for qualifying release - Scenario B
Magistrate Review
Many aggravated or protected-person allegations — including §243(d) and §245(a)(4) — are reviewed by a magistrate, who decides release and conditions.
Judicial decision first - Scenario C
Court-set financial bail
Felony filings with scheduled amounts — such as §245(a)(1) at $30,000 or §245(b) at $75,000 — may require financial security. A surety bond may be an option if the person is otherwise eligible for release.
Financial bail required - Scenario D
Own-recognizance or supervised release
A court may release the person on a written promise, sometimes with supervision or conditions such as a protective order. No commercial bond is involved.
No bond for qualifying release - Scenario E
Additional holds or allegations
A warrant, supervision matter, source-of-funds restriction or another count can prevent release even after bail is arranged on the assault charge.
A bond may not resolve custody
Check the actual booking and court record. No automated eligibility decision is made here, and neither release nor its timing is guaranteed.
Get bail helpPreparation / Start with the record
Useful details after an assault or battery arrest
Start with what you know.
Defendant’s name
Full name; date of birth or approximate age if known. Age and birth date remain optional on the form.
Arrest location
City or county of arrest. Official tools can help verify the facility; do not assume a custody or court assignment.
Exact allegation, if known
Penal Code section, subdivision and any court order are useful records to have privately. They are not additional required form questions.
Your contact details
Your name, phone and email for follow-up. You can begin without knowing every detail of the booking.
You do not need every record before asking for help. Keep sensitive documents private; this checklist does not collect or save answers.
Get bail help09 / After arrest
What happens after an assault or battery arrest?
Five stages. No promised release time.
The charge, custody status, victim-safety considerations and court conditions shape the sequence. Case defenses and charging decisions belong with counsel and the court.
Arrest & booking
The facility records the alleged Penal Code sections, the classification and any companion charges or enhancements. The booking allegation is not a conviction.
Locate & verify
Confirm the person, facility and booking through official custody tools. Check the exact sections and subdivisions, not just the words “assault” or “battery.”
Review release options
Determine whether BR, MR, a scheduled financial amount or own-recognizance release applies, including exceptions, protective-order considerations and any holds.
Complete bond documentation, if needed
If financial bail is required and a bond is appropriate, review the filed premium, payment agreement, collateral and co-signer obligations before signing.
Posting, processing & court obligations
If a bond is posted, the facility still processes release and checks holds. The defendant must appear in court and obey every condition, including any protective order. No release time is promised.
10 / Local resources
Local custody, court & area resources
Find the person. Find the court.
Inmate Search
Locate a booking through official custody tools before relying on an assumed facility or charge.
Jails & Detention Centers
Review facility-specific information and official custody references; location does not establish the court assignment.
Courthouses
Find official court resources for arraignment and later proceedings; verify the assigned case location.
Areas We Serve
Browse the published geographic directory without assuming service coverage from a legal schedule example.
Bail Bond Services
Explore the service directory and distinguish a release inquiry from financial-bail arrangements.
Resources
Research booking, costs and court obligations alongside the exact assault and battery information in this guide.
Los Angeles County custody & court guide
County-specific custody and court references, when this guide is approved for publication.
Long Beach booking & court resources
Local official references when published; city geography does not establish custody or case assignment.
Sources
Official California assault & battery laws
Exact statute sections and primary government references.
Government sources are linked for reference only and do not endorse Set Free Bail Bonds.
Superior Court of Los Angeles County
Los Angeles County 2026 Felony Bail Schedule
Effective January 1, 2026. Assault and battery entries on pp. 14–15; PC §422 on p. 18; injury enhancement entry on p. 28.
Superior Court of Los Angeles County
Los Angeles County 2026 Misdemeanor Bail Schedule
Effective January 1, 2026. Assault and battery designations on p. 14.
California Legislative Information
PC §240 — Assault defined
The attempt-and-present-ability definition; no contact required.
California Legislative Information
PC §241 — Assault punishment
Misdemeanor provisions and protected-person classifications.
California Legislative Information
PC §242 — Battery defined
Willful and unlawful use of force or violence upon another.
California Legislative Information
PC §243 — Battery punishment & subdivisions
Simple battery, protected-person battery, serious bodily injury and domestic battery provisions.
Additional official resources
California Legislative Information
PC §245 — Aggravated assault
Deadly weapons, firearms, semiautomatic firearms, qualifying force and protected-person assaults.
California Legislative Information
PC §273.5 — Corporal injury to a specified person
Traumatic-condition element and qualifying relationships.
California Legislative Information
PC §12022.7 — Great bodily injury enhancement
A separately pleaded enhancement with its own requirements and exceptions.
California Legislative Information
PC §422 — Criminal threats
A separate offense with its own elements, relevant only when separately alleged.
California Legislative Information
PC §1269b — County bail schedules
County schedule adoption and pre-arraignment release authority.
California Legislative Information
PC §1270 — Bail and own-recognizance release
Release authority and misdemeanor OR findings.
California Legislative Information
PC §1270.1 — Specified release hearings
Hearings for OR or bail above or below the schedule on listed offenses.
California Legislative Information
PC §1275 — Bail-setting factors
Public and victim safety, seriousness, history and appearance factors.
California Legislative Information
PC §1275.1 — Source of bail security
Statutory source-of-funds procedure, not an automatic hold.
California Legislative Information
PC §1318 — Own-recognizance agreement
The written promise to appear and comply with conditions.
California Legislative Information
PC §136.2 — Criminal protective orders
Order-specific restrictions remain enforceable after posting bail.
California Legislative Information
PC §136.1 — Victim and witness intimidation
Separate charged conduct; not presumed in an assault case.
California Legislative Information
PC §243.25 — Battery on an elder or dependent adult
A distinct protected-adult provision, not a universal assault enhancement.
California Courts
In re Humphrey (2021) 11 Cal.5th 135
Ability to pay and least-restrictive-conditions requirements for financial bail.
California Courts
Arraignment — criminal court overview
Official self-help explanation of the arraignment and release process.
California Department of Insurance
Bail bond consumer information
Premiums, collateral, contracts and consumer safeguards.
12 / Questions
Assault & battery bail bond FAQs
Straight answers, honest limits.
Content updated November 2, 2026. General information, not legal advice.
What is the difference between assault and battery in California?
Assault (PC §240) is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person — no physical contact is required. Battery (PC §242) is the actual willful and unlawful use of force or violence on another person. Either can be charged without the other, and each has simple and aggravated forms.
How much is bail for simple assault in Los Angeles?
The 2026 LA County misdemeanor schedule lists simple assault (PC §241) as BR — Book and Release, a nonfinancial route for eligible bookings — not a dollar amount. Exceptions, other counts and court orders can change the route, so verify the actual booking rather than assuming a price.
Does simple battery always require a bail bond?
No. Simple battery (PC §243(a)) is listed as BR in the 2026 LA County misdemeanor schedule, meaning an eligible person is booked and released on a written promise to appear. A commercial bond becomes relevant only when a financial condition actually applies and other restrictions permit release.
How much is bail for assault with a deadly weapon?
The 2026 LA County felony schedule lists $30,000 for PC §245(a)(1), marked as a serious allegation. When filed as a misdemeanor, the same subdivision is listed as MR — Magistrate Review — with no fixed dollar amount. The filed classification controls, and a judge may set a different amount.
What is PC 245(a)(1)?
It is assault with a deadly weapon or instrument other than a firearm. An object may be inherently deadly or qualify because of the manner in which it was allegedly used, capable of producing death or great bodily injury. It is a wobbler that can be filed as a misdemeanor or a felony.
How does PC 245(a)(1) differ from PC 245(a)(4)?
Section 245(a)(1) concerns a deadly weapon other than a firearm; §245(a)(4) concerns force likely to produce great bodily injury without requiring a weapon. Neither requires actual contact or injury. Both are wobblers, but LA’s felony schedule lists $30,000 for (a)(1) and MR for (a)(4). The misdemeanor entries are both MR.
What is the bail for battery causing serious bodily injury?
PC §243(d) is a wobbler. The 2026 LA County misdemeanor schedule lists MR, and the felony schedule lists a $50,000 scheduled amount, marked serious under PC §1192.7(c)(8). The classification filed by the prosecution determines which entry applies.
Can assault or battery be charged as a felony?
Yes. Many assault statutes are “wobblers” that can be filed as misdemeanors or felonies, and some — such as assault with a semiautomatic firearm or qualifying assaults on peace officers — are felonies. The filing decision, the evidence and the exact subdivision determine the classification.
What if a firearm was allegedly involved?
Assault with a firearm (§245(a)(2)) carries a $30,000 felony schedule entry in 2026 LA County, and assault with a semiautomatic firearm (§245(b)) carries $75,000. Separate firearm-possession counts, if alleged, have their own elements and release treatment. Verify the exact subdivisions on the booking.
Can someone be released before arraignment?
Often, yes. County pre-arraignment protocols allow eligible bookings to be released through BR, citation or Magistrate Review before the first court appearance. The arraignment court can later make a new release decision, and pre-arraignment release does not end the case.
What happens during Magistrate Review?
A magistrate reviews the available facts and decides release and conditions. LA County’s protocol treats eligible MR offenses as nonfinancial, subject to exceptions, but review can result in conditions or deferral until arraignment. It is not an automatic $0 order or guaranteed immediate release.
Can a judge change the scheduled bail amount?
Yes. A county schedule is a pre-arraignment framework, not a binding order for every case. At arraignment or a bail hearing the court can set a different amount, impose nonfinancial conditions or order own-recognizance release, considering public and victim safety and ability to pay under In re Humphrey.
Does a protective order affect release?
It can. A court may impose no-contact or stay-away conditions as part of release, and specified domestic violence offenses can require a hearing under PC §1270.1 when its conditions are satisfied. A bail agent cannot cancel, modify or bypass a protective order.
Does an injury automatically make an assault or battery a felony?
No. Classification depends on the exact statute, the injury category, other required elements and the filing decision. Section 243(d) is a wobbler requiring serious bodily injury; §245(a)(4) addresses force likely to cause great bodily injury without requiring actual injury. A §12022.7 enhancement must satisfy its separate statutory requirements and is not automatic.
What information is needed to start a bail bond inquiry?
The person’s full name, approximate age or date of birth, and the city or county of arrest are enough to begin locating the booking. The exact Penal Code sections, the facility and any court orders can then be verified through official custody and court tools.
Get clear answers after an assault or battery arrest
Freedom starts here.
Start with the exact booking: the Penal Code section, the classification and the facility. Set Free can help you understand which release route applies and, when financial bail is actually required, explain the premium, payment and co-signer obligations in writing before anyone signs.