What Is Assault?
CBB Bail Bonds provides bail bonding services for individuals accused of assault charges. To understand what these charges are, we must first know what an assault charge is and how it is defined. An assault can be summarized as the act of one person causing or intent to cause physical injury against another. Other forms under assault exists when a victim suffers great bodily injury, a weapon was used during the commission of the alleged offense or intended to create fear or make someone believe that physical injury is imminent. Here are some examples to understand the differences:
Battery offenses (PC 240, PC242 or PC 243(e)(1))- Physical altercation not resulting in bodily injury. Examples could be an aggressor pushing somebody or hitting not resulting in any serious injury.
Assault offenses (PC 245, PC 273.5)-Physical altercation resulting in bodily injury. Examples could be an aggressor causing injury such as bleeding, cuts, altercation resulting in bruising, lacerations and in extreme cases causing great bodily injury (GBI enhancements) to a victim with or without a weapon. A weapon does not have to be a gun or a knife, it could be a car, rock, bottle, bat etc.
Assault charges can be defined based on the elements present during the incident. These types of offenses vary from battery, PC 240 often filed as a misdemeanor, to PC 245, often filed as felonies. There are different subdivisions of the above-mentioned offenses and vary based on seriousness of the alleged offense, injuries sustained by the victim(s), defendants past criminal conduct and state of mental health. Some assault charges can be classified as wobblers meaning that the alleged offense can be filed as either a felony or misdemeanor, depending on the facts of your case. Each case presents its own set of circumstances and elements, and you should consult with a lawyer to go over your specific situation.
How Does Posting an Assault Bail Bond Help?
To better answer this question, there are a few things we need to consider. There are many factors to consider when someone is faced with an assault case. During an arrest, it is important to note that officers responding to a scene analyze the situation objectively. The police conducting the investigation often do not know the details of the altercation and the parties involved other then what is presented to them once they arrive, or the details relayed by dispatch. Let us take an example and present a situation that is not what it seems. Say John is at Maria’s house having a cup of coffee. They are in the living room and suddenly, they hear a car crash just outside Maria’s home. Maria and John walk outside their home and notice two vehicles collided just outside the house. John and Maria immediately notice that there is a person lying on the ground near one vehicle, and in the other vehicle, the motorist is shocked but John and Maria notice that they are on their cell phone. The question we must ask is, who is the victim? Is it the person on the ground? Or the person on the phone? Try visualizing the scenario, how can we analyze this situation with the information we have now and reach a conclusion? The truth is we cannot. Someone reading this might say, wait a minute, the victim is the person on the ground. And although that maybe the case, we are missing vital information about the facts of the accident. Let us assume for a moment that the person on the ground caused the accident due to negligent behavior. Maybe this motorist was driving under the influence or was driving on the wrong side of the road, if those elements are present, the dynamics of the accident and our perspectives changed, so the victim is the motorists on the phone, not the injured party. We tend to associate the word injured with victim causing a chain reaction in subjective thinking.
Now we apply the concept presented above to an assault case. In a lot of situations, the police respond to an altercation after the fact. Sometimes, there are elements that the police maybe unaware of that under the present circumstances, may lead the investigating officers to think that an aggressor was the victim or vice versa. Posting bail for an alleged assault offense gives the defendant the ability to prepare his or her defense. Gathering any witness’s information, footage of the incident, writing down what happened are just a few things we can start to gather. This will help in the future to fill in any missing details that may not be present in the defendant’s case discovery file. In situations where the defendant is the aggressor, he or she should still post bail because being out on bond will present an opportunity to isolate the incident, demonstrate a state of character, remorse, mitigate restitution and or seek professional help to prove to the courts that he or she is willing to take the necessary steps to rehabilitate. Trying to accomplish this within the confines of a jail cell is close to impossible. There is too much at stake to fight or litigate your case while incarcerated.
What Should You Do If Charged with Assault?
Always speak to a licensed criminal defense lawyer. Make sure to go over all the facts of your case that could help establish alibis, expose potential weaknesses in the prosecutor’s case, help present missing details about the alleged incident and or contest the credibility of the allegations presented against him or her. The next step you should take is contact CBB Bail bonds, we can have the defendants case added to court calendar for warrant recall or contact the investigating agency and negotiate a surrender and post bond right away. There are a few ways we can handle warrants; some counties provide options where bond can be posted in lieu of a surrender. For more details on a warrant, please contact us.
What If My Bail Is Set Too High?
There are several reasons why a defendants bail maybe set a high amount. In this section we will cover how bail amounts are established, reasons why bail maybe set at a high amounts and options available or steps we can take.
First, the bail schedules. Every county in California issues a bail schedule each year outlining the amount of bail required for all offenses. Please note that not all bail schedules require the same amount of bail. The bail schedule is a tool used in the criminal courts to establish how much bail should be imposed and any special rules to consider such as prior felony convictions, prior strike convictions, number of prior offenses etc. For a through breakdown on bail schedules, see the resources tab of this website, select “about bail schedules”. Based on the seriousness of the alleged offense, public safety and flight risk factors, the judge can exercise discretion in reducing or increasing bail. Assault charges in the state of California are serious charges and should also seek the help of a licensed criminal defense lawyer to go over the specifics of your case.
There may be a few reasons why a defendant’s bail was set above the normal amount as indicated in the bail schedule. An example why could be that the defendant was issued a warrant for his or her arrest, and in some counties, there are bail enhancements added to the original bail amounts that can increase the amounts recommended by the county bail schedule. Some courthouses will issue warrants without notifying the defendant. If this happens to you, a friend or family member, contact us right away. We can locate the courthouse where the case is pending out of, have your cases added to the court calendar or contact the police or sheriff’s department to conduct a surrender. In situations like this, we can gather important information beforehand and prepare so that we may secure your release shortly after we surrender. This essentially guarantees that fastest possible way to secure liberty. In a situation like this, there are a few key things to remember; do not panic! Assert your right to remain silent if you are questioned or interrogated about the incident. When you hire CBB Bail Bonds, our agents will be with you 100% of the time and will not leave your side until your liberty is secured.
Under California law, a defendant may request a bail hearing. A bail hearing allows the defendant and their families to get involved by presenting to the judge why someone should be released on their own recognizance or argue to have the original imposed bail amount reduced. If we come into a situation where the defendant’s bail is too high, there are motions and arguments that could be presented to the courts for the purposes of reducing bail. Ultimately, what it boils down to is whether the defendant posses a flight risks, is a danger to him or herself and what amount of assurance creates enough financial incentive for the defendants return to court. At CBB Bail Bonds, we have a strong belief that nobody should be in jail because they are too poor to post bail. Our bail bond agency helps fill in the gap by helping people posts bail as opposed to forcing individuals to come up with thousands of dollars and pay the full-face value of the bond right then and there. For more bail options, see the resources tab and click on “types of bail” for more information on what kinds of bonds can be used to posts bail. Our justice system is not perfect, but there are options available to us and seeking the help of a professional and knowledgeable bail bondsmen can start providing solutions to what can be seen as an impossible situation. Our team of bail bond agents will map out every action and explore every avenue before decisions and actions are rendered.
How Can I apply for an Assault Bail Bond?
Applying for a bail bond is quick and easy! Our agency has streamlined the application process and can secure a defendant’s liberty immediately. To apply, there are a few things you will need to bring.
Gather the individual(s) co-signing for the bond
Government issues ID’s (Must be a US citizen or be a permanent resident of the United States)
A recent utility bills (Water, electric, gas, recent bank statement, car registration is some examples of acceptable documents)
Proof of income or employment (Paycheck stubs, W2 or bank statements showing deposits if self-employed and or most recent tax returns)
Provide full contact details about yourself and references information
Sign all required documents provided by our agents (A copy of all signed documents will be provided to you)
Keep in mind, that some applicants can qualify without meeting the above referenced points if they are property owners and or put-up collateral equal to the amount of the face value of the bond. For a more in-depth evaluation, contact us.
Assault Warrant Bail Bond Services
If you believe or know that there is a assault warrant out in your name, call us immediately. We can locate and gather the information needed to make sound and informative decisions about your situation. Every county handle warrants differently and knowing the local laws will help understand what steps and actions need to be taken to remedy the warrant. First thing to do is to not panic! Its recommended you speak to a licensed criminal defense lawyer. We will work with your attorney to come up with the best possible plan and do everything possible to secure your liberty. We can secure liberty by adding your case to the court calendar and posting bail in court or conduct a surrender at the agency that issued or filed a complaint and post bond at the detention facility. One way or another, we will gather the information needed to assess your situation. In this article, we covered steps we can take to remedy a warrant. Bottom line, the faster we act the better odds we have at securing a favorable outcome.
Get in Touch
Call us for a free consultation, all matters discussed with our clients are held with a high degree of confidentiality. We can meet in any of our offices, over the phone, or meet you in the privacy of your own home. Please fill out our contact form to get in touch. Our licensed bail agents will generally call you within minutes of your submission.
The CBB Bail Bond Difference
Its simple, we care! We will always invest the time and resources needed to help someone through a hectic moment. Our philosophy is to educate, analyze and evaluate, plan, and execute. Unless the arrest just happened, there is always options available. Knowing your options can save you thousands of dollars if done correctly. We build on establishing relationships with our clients and is the key reason why we have become successful.