Posting Bail After a Domestic Violence Charge
California courts take allegations of domestic violence very seriously, and judges have the discretion to impose protection orders, mandatory bail amounts, and lengthy jail sentences. Domestic violence can be a heavy burden on your reputation, impact your relationships, and even destroy your career. Unfortunately, bail is almost always predetermined in domestic violence cases, meaning defendants and their co-signers will need to pay hefty fees to be released during the trial, especially if the defendant is charged with corporal injury to a spouse.
If you or someone you love has been charged with domestic battery or corporal injury to a spouse, reach out to our team at Balboa Bail Bonds. We are available 24/7, 365 days a year, to post bail for defendants in San Diego, Riverside, and Orange County. Each of our agents is a veteran in the industry and can guide you through the bail process. We offer each of our clients discretion, reliability, and professionalism. To get bail posted today, call us at (619) 760-2222.
Domestic Battery vs. Corporal Injury
Domestic violence is a broad term that refers to violent crimes against a spouse, cohabitant, boyfriend, girlfriend, or parent of mutual child. Child abuse, domestic battery, and corporal injury to a spouse all come under the umbrella of domestic battery – and come with strict sentencing guidelines.
The key difference between domestic battery and corporal injury is the appearance of a visible injury. Domestic battery is a misdemeanor that occurs when a defendant harms an intimate partner but there is no visible injury. In contrast, corporal injury to a spouse/cohabitant is domestic battery that leaves a visible injury. To convict you of committing corporal injury to a spouse, the prosecution must prove that you:
- Harmed another individual;
- That individual was your current or former spouse, boyfriend, girlfriend, cohabitant, or intimate partner, or the parent of your child; and
- That individual suffered a visible injury.
A “visible injury” can include bruising, abrasions, or cuts, as well as more serious injuries like broken bones or a concussion. The court simply needs to be able to verify that the alleged victim was injured by the defendant’s actions. Injuries that occurred due to an accident or because they were self-inflicted would not constitute domestic violence and would be grounds for a dismissal of your charge.
Penalties for Domestic Violence in California
Both domestic battery and corporal injury to a spouse can lead to significant penalties in California. Before even being arrested, the defendant may face an emergency restraining order and lose custody of their children on allegations alone. If the defendant is convicted of either charge, they may be sent to jail for at least a year, have to pay thousands of dollars in court fees, and may owe restitution to the alleged victim.
Domestic battery is a misdemeanor charge in California, which means a conviction could lead to:
- Up to one year in county jail;
- A maximum fine of $2,000;
- Misdemeanor probation;
- Restitution to the victim;
- Domestic violence classes;
- Counseling and anger management; and/or
- Temporary or permanent restraining orders.
Corporal injury is a wobbler, meaning the defendant can face either a misdemeanor or a felony charge. The charge may also be enhanced if the alleged victim suffered great bodily injury. A corporal injury conviction can result in:
- Misdemeanor: Up to one year in county jail and/or a maximum $6,000 fine.
- Misdemeanor w/ Prior Domestic Violence Conviction: An additional year in county jail.
- Felony: Up to two, three, or four years in state prison and/or a maximum fine of $6,000.
- Felony w/ Great Bodily Injury Enhancement: Up to three, four, or five years in state prison in addition to felony penalties.
- Felony w/ Prior Domestic Violence Conviction: Up to two, four, or five years in state prison and/or a maximum $10,000 fine.
In addition to jail time and court fines, a defendant may also lose custody of children, be slapped with a lifetime ban on owning a firearm, and have to attend mandatory domestic violence classes.
How Bail Is Calculated for Penal Code 273.5
Bail must always be posted in domestic violence cases, and judges have the discretion to follow the bail schedule or increase/decrease the amount based on mitigating/aggravating factors. In general, Southern California counties set bail between $5,000 and $100,000 for domestic battery and corporal injury to a spouse/cohabitant.
Orange County’s bail schedule for domestic violence includes:
- Domestic Battery: $10,000
- Corporal Injury: $50,000
- Corporal Injury w/ a Prior: $100,000
Bail in Riverside County for domestic violence is set at:
- Domestic Battery: $5,000
- Corporal Injury: $50,000
- Corporal Injury w/ a Prior: $75,000
Lastly, San Diego County bail for domestic violence is set at:
- Domestic Battery: $10,000
- Domestic Battery w/ 1 Prior: $20,000
- Domestic Battery w/ 2 Priors: $40,000
- Corporal Injury: $50,000
- Corporal Injury w/ a Prior: $100,000
Get Your Loved One Out of Jail Today
Having to pay such high prices before you even go to trial can be devastating for any defendant or co-signer. You may want to get your loved one back home, where they can begin working on their defense, but few people have money lying around for such astronomical costs. However, you do not have to bear these burdens alone.
At Balboa Bail Bonds, we only charge a 10% premium on all bail bonds and can work with your family to create an affordable financing plan for your situation. We also offer discounts to members of the military and their families. We know you just want to get your loved one home, which is why our reliable bail bond agents are always available to answer your questions. Day or night, we provide 24/7 support to all of our clients, and our agents are fluent in Spanish.
If you need to post bail for a loved one’s domestic battery or corporal injury charge, do not hesitate to contact Balboa Bail Bonds online or call us at (619) 760-2222. We can post bail today in San Diego, Riverside, and Orange County.