How Much Is Bail for a Felony in San Diego?

Posted on: June 18th, 2026 by Dod Ghassemkhani, ESQ

How Much Is Bail for a Felony

Being arrested on a felony charge in San Diego can be overwhelming and frightening. For many families, one of the first questions that arises after an arrest is: How much is bail for a felony in San Diego?  

By Dod Ghassemkhani | An Award-Winning San Diego Criminal Defense Lawyer

From our experience in criminal defense, there is no one-size-fits-all answer. Felony bail amounts can range from several thousand dollars to hundreds of thousands or even millions depending on the offense, the defendant’s criminal history, and the specific facts of the case.

If you or a loved one has been arrested, understanding how felony bail works in San Diego can help you make informed decisions during one of the most critical stages of a criminal case.

How Is Bail Determined for Felony Charges in San Diego?

In San Diego County, judges typically begin with the county’s Bail Schedule, which assigns recommended bail amounts to specific criminal offenses. The schedule provides a baseline amount, but judges are not required to follow it in every case.

The primary purpose of bail is to ensure that a defendant returns to court while balancing public safety concerns and the defendant’s constitutional rights.

California law recognizes that pretrial detention should not be based solely on a person’s ability to pay. In the landmark California Supreme Court case In re Humphrey (2021) 11 Cal.5th 135, courts were directed to consider less restrictive alternatives before imposing unaffordable bail.

Here are some common felony offenses and their typical bail ranges may include:

• For a first-time misdemeanor domestic battery charge under Penal Code § 243(e)(1), bail is typically around $10,000 in San Diego County. Repeat offenses can increase to $20,000-$40,000
• For felony domestic violence involving corporal injury to a spouse, cohabitant, or dating partner under Penal Code § 273.5, bail is commonly $50,000 and can rise to $100,000 or more depending on the circumstances of the case
• A standard bail amount for a misdemeanor DUI is typically $2,500 under the county’s bail schedule.
• A DUI causing injury under California Vehicle Code § 23153 is often charged as a felony and may carry bail of $25,000 to $100,000 or more, depending on the severity of the injuries and the facts of the case.
• Felony drug offenses: approximately $10,000 to $25,000 or more
• Drug trafficking offenses can range from $50,000 to $500,000 or more, depending on the case, and whether federal authorities become involved.
• Assault with a deadly weapon: $50,000 and higher
• Robbery: often $100,000 or more
• Carjacking: $150,000 or higher
• Homicide-related offenses: $1 million or more

These figures are only examples. Actual bail amounts can vary significantly depending on the circumstances of the case.

Factors That Can Increase or Decrease Bail

Judges consider numerous factors when deciding whether to raise, lower, or maintain the scheduled bail amount.

Flight Risk

One of the court’s biggest concerns is whether the defendant is likely to appear at future court hearings. Individuals with stable employment, long-term residence, family ties, and community involvement are generally viewed as lower flight risks.

Public Safety Concerns

Under California Penal Code § 1275, public safety is one of the primary considerations when bail is set. If the alleged offense involves violence, weapons, threats, or vulnerable victims, the court may impose a substantially higher bail amount.

Criminal History

A defendant’s prior convictions, pending cases, probation status, or previous failures to appear can all influence the court’s decision.

Community Ties

Evidence of strong ties to San Diego County can support a request for reduced bail. Courts often consider:

• Length of residence
• Family relationships
• Employment history
• Military service
• Educational enrollment
• Community involvement

Severity of the Alleged Offense | How Much Is Bail for a Felony in San Diego

Generally speaking, more serious felony allegations carry higher bail amounts. Crimes involving significant bodily injury, firearms, large financial losses, or allegations of violence frequently result in substantial bail figures.

When Can Bail Be Denied?

Although bail is available in most felony cases, California law allows courts to deny bail in limited circumstances.

Under California Penal Code § 1270.5, defendants charged with capital offenses may be denied bail when the proof is evident or the presumption of guilt is great.

Additionally, California Penal Code § 1270.1 requires a formal court hearing before bail may be modified for certain serious and violent felony offenses. During that hearing, the judge evaluates public safety concerns, the defendant’s criminal history, and the likelihood of appearing in court.

While bail denial is possible, it remains the exception rather than the rule in California courts.

What Does It Cost to Post Felony Bail?

Once bail is set, defendants generally have several options for securing release.

Cash Bail

Cash bail requires payment of the full bail amount directly to the court. If the defendant appears at all required court proceedings, the money is typically returned at the conclusion of the case.

For example, a $100,000 bail requires a $100,000 payment up front.

Property Bond

In some situations, real property may be used as collateral. The property generally must contain sufficient equity to satisfy court requirements, and approval can take additional time.

Bail Bonds

Many defendants utilize a licensed bail bond company.

Under California law, a bail bondsman generally charges a non-refundable premium, often around 10% of the total bail amount. For example, a $100,000 bail may require approximately $10,000 to secure release.

Even if charges are later dismissed, the premium paid to the bondsman is generally not returned.

Own Recognizance Release | How Much Is Bail for a Felony in San Diego

An Own Recognizance (OR) release allows a defendant to be released without posting money or property. Instead, the individual signs a promise to return to court.

Although OR releases are more common in misdemeanor cases, they may be available in certain felony cases involving low flight risk and strong community ties.

Can a Criminal Defense Attorney Reduce Bail? 

Yes.

An experienced criminal defense attorney can file a motion requesting a bail reduction hearing and present evidence showing that the defendant is neither a flight risk nor a danger to the community.

Helpful evidence may include:

• Proof of employment
• Family obligations
• School enrollment
• Medical conditions
• Lack of criminal history
• Character reference letters
• Proof of long-term residency

Judges are more likely to consider lowering bail when presented with concrete, documented evidence supporting release.

What Happens If You Cannot Afford Bail? 

If bail is not posted and the court does not authorize release, the defendant remains in custody while the case proceeds through the criminal justice system.

Felony cases often take months to resolve. During that time, incarceration can create significant hardships, including:

• Loss of employment
• Financial strain
• Family disruption
• Reduced access to evidence and witnesses
• Difficulty assisting with case preparation

Because of these consequences, the bail hearing is often one of the most important early stages of a felony case.

Act Now!  Speak With a San Diego Criminal Defense Attorney

If you or a loved one has been arrested for a felony offense, the decisions made during the first few days can significantly affect the outcome of the case.

At Dod Law, we understand the stress and uncertainty that follow a felony arrest. Our legal team works aggressively to challenge excessive bail, pursue release options, and protect our clients’ constitutional rights at every stage of the criminal process |

How Much Is Bail for a Felony in San Diego

If someone you care about is currently in custody, contact Dod Law today for a confidential case evaluation. Early intervention can make a meaningful difference in your ability to secure release, build a strong defense, and protect your future.

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County,and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq. and receive legal guidance tailored to your case.