If someone you know has been arrested and charged with assault and battery it can be a scary and anxious time for all involved. Assault and battery are criminal offenses that can vary in degree but involve the causing of harm or violence to another individual. When this happens, you’re going to want to find out their rights and if they can be released on bail while awaiting their trial. Whether or not this is possible depends on numerous factors. If the person in question has committed offenses previously or if the offense is very severe, the request might be denied. The most important thing is to speak to an expert who can help find out all their rights. If they’re approved, you will want to get them out as soon as possible, but sometimes financial constraints mean this might not be possible. If you require a bail bond to get them out, we’re here to help. We can help you to post bail and get the situation sorted.
What is assault and battery?
Assault and battery are related criminal charges but do actually differ somewhat. Assault tends to refer to a threat or attempt at harming an individual, such as raising a fist to hit someone and other actions that might make a person fear harm. Battery is the actual act of harming someone using violence. This could be hurting them with an object, fists, kicking, or any other form of unwanted physical contact that harms the other person.
Assault and battery can either be used interchangeably or be distinctly different charges depending on the legal system. They also can have differing levels of severity which can impact the charge in place and how much bail is to be released.
What are the consequences of an assault and battery charge?
Battery can either be charged as a misdemeanor or a felony depending on the severity of the case. If it's a misdemeanor, that means the person accusing the other party of the charge was uninjured. The charge for this could be up to three years of informal probation, six months in jail, community service, a fine, and perhaps a batter's program that they need to attend. If the person pressing charges is severely injured this will likely be classed as a felony and the sentence is much harsher. It could include formal probation and prison time.
What do you do if someone you know has been arrested and charged with battery?
Having someone you know be arrested and charged with battery is a scary time. You want them to be free and back with you as soon as possible, with the best chance of getting a lower sentence. Bail can be costly and put not only a financial strain on all those involved but impact relationships too. Which is where we come in. Bail bonds can help you to get your loved one released while you’re awaiting a court trial. In this time you can get expert legal advice and they can get properly prepared for what’s to come.
What are bail bonds?
When someone is arrested, they might be given the option to post bail, the amount of which is set by a judge. The amount it costs depends on several factors, such as the nature of the offense, how much of a flight risk the defendant is, and what their criminal history is.
Bail bonds are a financial agreement between a company and the defendant that allows them to post bail on their behalf. This means they'll be released from custody while they await a trial and can therefore do the necessary preparations at home instead of being away from loved ones before what will likely be one of the scariest times of their life.
Once the amount has been set and a bail bondsman contacted, they will pay the full amount on behalf of the defendant. This tends to be in exchange for a fee of around 10-15% of the total bail amount which is non-refundable and is there to compensate for the risk the bondsman is taking.
The defendant must also sign an agreement that they'll appear in court and could also be required to provide other collateral to secure the bond. This tends to be if they are at a higher risk of taking off or if the bail bond is a larger amount. Once the paperwork has all been filled out and the bail bond posted, the defendant will be released under the provision of them fulfilling the agreements they've set out. They must also attend all court dates.
If the defendant fails to appear in court or breaks the conditions as signed with the bondsman, this can cause issues for both parties. The bondsman might not only take steps to locate the defendant themselves but also forfeit their bail bond and the collateral provided could be at risk.
On the other hand, if the defendant appears in court as they're supposed to and adheres to all the conditions, the bail bond will be discharged.
A bail bond is one of the best ways to get your loved one out while they’re awaiting their trial, but the terms and conditions of the agreement must be met.
Here at San Diego Bail Bonds, we're on hand to help as soon as you need us. Being a family and locally owned business of over 35 years, we're fully immersed in the community and want to do whatever we can to help. Not only are we highly experienced but we're also familiar with the local legal system and will do what we can to ensure you and your loved ones understand the process and have any questions and queries answered as soon as possible. We strive to be the best bail bond company in San Diego County and do all we can to put your mind at ease. Get in touch with us today to find out how we can help.