Felony vs. Misdemeanor Bail in California

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.

What's the difference between a felony and a misdemeanor?

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.

Who sets bail amounts?

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:

• The amount a judge writes on an arrest warrant
• A judge's order raising or lowering bail before arraignment (Penal Code 1269c)
• The amount set at a court hearing

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.

Misdemeanor bail: often no bail at all

For many misdemeanors, the most likely outcome is release without bail.

• Citation release. Penal Code 853.6 generally requires officers to release people arrested for misdemeanors on a written promise to appear, unless an exception applies, such as intoxication, needing medical care, outstanding warrants, being unable to prove identity, or a risk the person won't appear or will keep offending.
• Own recognizance at arraignment. Penal Code 1270 says a person in custody who's arraigned on a misdemeanor should be released on their own recognizance, unless the court finds on the record that release would compromise public safety or wouldn't reasonably assure their return to court.

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 bail: higher amounts and more review

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:

• Enhancements add up. Penal Code 1269b tells judges to add bail for each aggravating or enhancing factor charged in the complaint, so the same base charge can carry very different bail.
• Multiple charges. Under Riverside's schedule, bail is calculated from the count with the longest possible sentence, plus enhancements.
• Hearing requirements. For serious and violent felonies (except residential burglary) and certain other offenses, Penal Code 1270.1 requires a hearing in open court before bail can be set below the schedule or the person released on their own recognizance.
• No bail in limited cases. Article I, section 12 of the California Constitution allows bail to be denied only in certain cases: capital crimes; felonies involving violence or sexual assault where a court finds by clear and convincing evidence that release would likely cause serious physical harm to others; and felonies where the person threatened another with serious physical harm and would likely carry out the threat.

Wobblers: when the charge can go either way

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:

• The prosecutor files it as a misdemeanor
• The court decides, before trial, that the offense is a misdemeanor
• The court grants probation and declares it a misdemeanor
• The court imposes a sentence other than state prison or felony county jail

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.

Release options for each

For misdemeanors

• Citation release (promise to appear)
• Own-recognizance release at arraignment
• Posting scheduled bail in cash or with a bail bond, when bail is set

For felonies

• Posting the full bail in cash
• A bail bond: premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available
• A property bond, where real estate equity secures the bail (usually slower)
• Asking a judge to lower bail or grant own-recognizance or conditional release at a bail hearing or arraignment

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.

Quick answers

Can a misdemeanor have high bail?

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.

Can felony bail be lowered?

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.

Does posting bail mean the case is over?

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.

Need help now?

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.