One of the most critical resources we provide is an overview of California’s Penal Codes, so you can understand what crime your loved one has been charged with and know the possibility of a conviction. Below are the most-cited code sections, broken down so you understand precisely what you or your loved one is being charged with.
Assault & Battery
- PC 240 / PC 242 / PC 245Assault & Battery
PC 240 is assault — an unlawful attempt, coupled with the ability, to commit a violent injury on another person. PC 242 is battery — the willful, unlawful use of force against another person (three elements: the act is willful and unlawful, force or violence is used, and it is used against another person). PC 245 covers assault with a deadly weapon or by means likely to produce great bodily injury.
Domestic Violence
- PC 243(e)(1)Domestic Battery (Misdemeanor)
The domestic charge of battery. Under the law, domestic battery can occur when someone intentionally touches another person in a harmful manner, depending on the relationship (i.e. ex-husband or wife, fiancé, parent, etc.). Typical misdemeanor bail is around $5,000.
- PC 273.5Corporal Injury on a Spouse or Cohabitant (Felony DV)
Also known as “Corporal Injury on Spouse or Cohabitant.” A physical injury does not always have to be visible for a potential charge — only the use of force is required (i.e. pushing, shoving, pulling). A restraining order may also be issued. Felony bail can reach $50,000.
- PC 13700Domestic Violence (Definition)
Domestic Violence is defined as “abuse committed against an adult or fully emancipated minor who is a spouse, former spouse, cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Child Welfare
- PC 270Child Neglect
Also known as “failure to provide care.” Occurs when a parent willfully omits clothing, food, shelter, and medical needs. Often a misdemeanor punishable by a fine no greater than $2,000 and/or imprisonment in the county jail not exceeding one year.
- PC 270.1(a)Truancy — Failure to Supervise School Attendance
Failing to ensure a minor child attends school as required by law.
- PC 270.5(a)Child Abandonment or Neglect
A parent must provide food and shelter for their children. Any parent or person responsible for a child must maintain the care and upkeep of the child until the child is 14.
- PC 273(d)Corporal Injury of a Child (Child Abuse)
It is a crime to impose physical injury or “cruel punishment” on a child. Examples include slapping a child and leaving a mark, or punching and/or hitting a teenager.
- PC 273aChild Endangerment
Charges apply when someone causes or permits a minor to suffer unjustifiable pain or mental anguish, willfully causes or permits a minor to be injured, or willfully places a minor in a dangerous situation. It can also appear as an enhancement to another crime — for example, drinking and driving with a child in the car.
DUI & Vehicle Codes
- VC 23152Driving Under the Influence (DUI)
VC 23152(a) makes it illegal to drive under the influence of alcohol; VC 23152(b) makes it illegal for anyone with a blood alcohol content of 0.08% or more to operate a vehicle. Misdemeanor DUI bail is commonly around $5,000.
- VC 23153DUI Causing Injury
It is unlawful, while under the influence (or with 0.08% or more by weight of alcohol in the blood), to drive a vehicle and concurrently do any act forbidden by law — or neglect any duty imposed by law — which act or neglect proximately causes bodily injury to a person other than the driver.
Bail & Rights
- PC 851.5Right to Free Phone Calls After Arrest
Arrested individuals have the right to make at least three free local calls: one to an attorney, one to a bail bondsman, and one to a relative or personal contact.
- PC 1275 / PC 1275.1Hold on Bail
If there is reason to suspect that the money being used for bail might have come from illegal activity, the bail cannot be accepted until the source of funds is cleared. See our PC 1275 Hold service for help getting a hold released.
- PC 1298Property Bonds — County Acceptance
California Penal Code Section 1298 mandates that all counties accept property bond requests. See Property Bail Bonds for the process.
This overview is general California bail bond information, not legal advice. For the full statutory text, see the state portal at leginfo.legislature.ca.gov.
