Written by
Ramiro Quezada Jr.
Published on
October 24, 2026

In California, felony bail is usually much higher than misdemeanor bail, and felony arrests are less likely to end with a simple release on a promise to appear. Many misdemeanor arrests end in release without any bail, while most felonies have a scheduled bail amount that has to be posted or reviewed by a judge. Some offenses, called "wobblers," can be charged either way, and how they're filed changes the bail.
Penal Code 17 defines a felony as a crime punishable by death, by state prison, or by county jail under Penal Code 1170(h). Every other crime, except infractions, is a misdemeanor.
The possible sentence matters for bail because bail is tied to the seriousness of the offense. When judges write a bail schedule, Penal Code 1269b tells them to consider the seriousness of the offense and to add bail for certain aggravating factors and enhancements.
There's no single statewide bail amount for most crimes. Under Penal Code 1269b, the superior court judges in each county adopt a countywide bail schedule and revise it every year. That's why the same charge can have a very different bail amount in Riverside County than in Los Angeles or San Diego County.
The schedule is a starting point. Bail can also come from:
And at any hearing, the judge can change bail. California's Supreme Court held in In re Humphrey (2021) that courts must consider a person's ability to pay and can't hold someone in jail only because they can't afford bail. In 2026, in In re Kowalczyk, the Court added that pretrial detention is generally limited to the cases the state Constitution allows, that judges should first consider non-money conditions, and that any money bail should be an amount the person can reasonably be expected to pay. Bail practices are changing as courts apply these decisions, so always confirm the current rules in your county.
For many misdemeanors, the most likely outcome is release without bail.
Some misdemeanors are excluded from citation release, including domestic battery and certain protective order violations. Our article on bail in domestic violence cases explains why.
Some counties build these rules into their schedules. Riverside County's 2025 bail schedule, for example, puts many misdemeanors in "Cite and Release" or "Book and Release" categories, where people sign a promise to appear instead of posting bail. That schedule sets a default of $2,500 for unlisted misdemeanors with a maximum sentence of 180 days or less, and $5,000 for those with a maximum over 180 days. Those amounts apply when bail is required.
Felony charges are rarely eligible for citation release, so a bail amount is usually set. Under Riverside County's 2025 schedule, for example, any felony not specifically listed has a presumptive bail of the middle prison term multiplied by $10,000. A felony with a three-year middle term would start at $30,000, before any enhancements. Other counties calculate felony bail differently, so check the schedule where the arrest happened.
A few more things set felony bail apart:
A "wobbler" is an offense that can be punished as either a felony or a misdemeanor. Two examples are corporal injury to a spouse or partner (Penal Code 273.5) and DUI causing injury (Vehicle Code 23153). Under Penal Code 17(b), a wobbler becomes a misdemeanor in several ways, including when:
This matters for bail because schedules often list different amounts for each version. For example, Riverside County's 2025 schedule lists corporal injury to a spouse (PC 273.5(a)) at $30,000 when filed as a felony and $5,000 when filed as a misdemeanor. Right after an arrest, the booking charge may be a felony even if the prosecutor later files it as a misdemeanor. If that happens, a defense attorney can ask the court to adjust bail.
For a closer look at what a bond costs, see how much a bail bond costs in California. For the full step-by-step process, read how bail works.
It can, especially with prior convictions, protective order violations, or warrants. But most misdemeanor bail is far below felony bail, and many misdemeanors don't require bail at all.
Yes. A judge can lower bail at arraignment or a bail hearing. For certain serious offenses, that requires a formal hearing under Penal Code 1270.1. There's no guarantee it will be lowered.
No. Bail only secures release while the case continues. The person must go to every court date.
This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.
OnCall's licensed bail agents answer 24/7, in English and Spanish. We can look up the charge and bail amount and explain your options in plain terms. You can sign everything from your phone. Call (951) 339-3801 or start bail online.