Bail Bond for California Penal Code Section 245(a)(1) PC Assault With A Deadly Weapon
Bail amount for assault with a deadly weapon is generally higher than an assault bond. Generally the type of weapon used, if there was injury and to what extent will effect the bail amount.
Why is the bondsman very important for PC 245(a)(1)?
Sometimes you use a bondsman and never need to deal with them again, but with an assault with a deadly weapon charge there are many things that can happen that will make you wish you selected the right bail bondsman or Bond Company.
What happens if you select a bondsman and post the bond? The defendant walks out of jail and is given a court date. They show up at court to find out the DA is requesting a bail increase. The judge grants a bail increase. The bond you had will be exonerated (void) and you will need to post an entirely new increased bail. Will your bondman give you credit for the premium you already paid towards the new bond? Or will they make you pay for an entirely new bond? Most bond companies will! Chad Conley Bail Bonds will give you credit for the premium you have already paid towards the new bond.
If the victim’s injuries take a turn for the worse and charges increase, or you are charged with additional counts through newly founded information, your bond can increase. Again, what will your bondsman do?
If the investigation results are not complete for the district attorney to file charges within 15 days after your first court date your bond will be automatically exonerated (void) by the court. If anytime after that the DA files charges you will be required to file an entirely new bond or be taken into custody. Will your bondsman reassume or rewrite the bond for you or charge you for an entirely new bond? Chad Conley Bail Bonds will rewrite your bond if the DA files late but it is for the same arrest.
What is the difference between assault and assault with a deadly weapon?
PC 240 assault under California Penal Code Section 240 PC is defined as an illegal attempt to commit injury on another
PC 245(a)(1) assault that involves a deadly weapon or force likely to cause great bodily injury
Depending on the weapon, the bail could be substantially higher.
What is a deadly weapon?
A deadly weapon is any object, instrument or weapon that is either inherently deadly or is used in such a way that it is capable of causing death or great bodily injury. This can include weapons like brass knuckles, knives, clubs, Bats as well as ordinary objects used as weapons such as pool cues, cars, bottles, etc.
What is the difference between a bail agent, bail bondsman and a Bond Company and why does it matter for an assault with a deadly weapon bond?
- A bail Bond Agent and a Bail Bondsman are mostly the same, they are just different ways of saying it. However, they are mostly recognized as an Independent Bail Bondsman or an Agent that works for a Bail Bond Company.
- Bail Bond Company’s generally refer to their salesmen as agents
- A Bondsman generally does more than just sell and post the bond. They often are independent agents that have their own company and deal with advertising to exoneration (start to finish)
- The reason it matters is because the amount of power the bondsman has or doesn’t have can change everything
- It matters whether you are dealing with a sales agent that just sits at a desk and sells in a corporate environment or a hands on personal service owner. Even the background and personality of the bondsman matters. What should I compare when selecting a bail bondsman?
What should I compare when selecting a bail bondsman?
I know what you are thinking already “COST” right? Well, you’re right but most make the mistake of taking It’s the cheapest dollar amount they hear or the lowest down payment. Its what you miss or what changes along the way that will very well determine the cost. Don’t be fooled by the lowest cost when you leave the door open to so much that could cost you more or worse more than you have!
What are the hidden costs to be aware of when posting a bond for assault?
- Changes or increase in charges
- Late file by DA office
- DA reject or no file
- Annual renewal fees
- Posting fees
- Interest fees
Penal Code 245(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.