Penal Code 245
When a person is arrested for a penal code 245 violation, the person is arrested for assault with a deadly weapon, which is a felony offense that carries a $10,000 bail in all counties across the state of California. This bail rate is determined by a panel of judges on an annual basis and will be the same for all cases unless there are extenuating circumstances to a particular arrest.
When the defendant hires a bail bonding agency, the defendant will pay the agency a down payment for the services, which is usually about ten percent of the total cost of the bail. This is a non-refundable down payment. If the defendant fails to fulfill the legal obligation, then the defendant may stand to lose more money or assets, which the bail bonding agency will seize as compensation for the lost bail bond as well as for additional fees. The additional fees may accrue if the bail bonding agency needs to hire a bounty hunter to track a defendant down in order to rearrest the defendant to return him or her to court.
There are also a variety of subcategories that are associated with this penal code, including the following:
245(b) – assault with a semiautomatic deadly weapon.
245(c) – assault with a deadly weapon on a peace officer with a weapon that is other than a firearm or by using force to produce bodily injury. The assumptive bail rate for this offense is $50,000.
245(d) – assault with a deadly weapon and interfering with a peace officer. If a firearm is used, the assumptive bail rate is $100,000. If a semiautomatic is used, the assumptive bail rate is $200,000.
245.2 – the transportation of personnel and assault with a deadly weapon.
In the event that a person is arrested for one of these penal code violations, the person may be given the opportunity to get out of jail on bail while the defendant awaits trial. In some cases, the defendant will not be offered the opportunity to get out of jail on bail. For example, if the assault was particularly dangerous and arresting officers or probation officers have a reason to believe that the defendant may commit another dangerous crime that will put citizens in harm’s way, then the defendant may not be given the opportunity to get out of jail on bail.
Because these bail rates tend to be rather high, many defendants choose to work with a bail bonding company for help getting out of jail. A bail bonding agency will provide the defendant with the funds that he or she needs to get out of jail by giving the court a bond for the bail amount. This bond is refunded to the payee when the defendant fulfills a legal obligation, such as attending trials.