Bail for assault charges in New York can vary greatly depending on the degree in which somebody is charged, his or her criminal or bench warrant history, and the defendant’s ties to New York. Certainly, this number can range anywhere from $5,000 to $250,000.
The complexity in analyzing these cases and preparing for a bail argument rests on the fact that until a criminal court complaint is put through, defendants are sometimes left in the dark as to what degree they will be charged and what injuries a victim sustained. Once these specific circumstances are disclosed and a defense attorney has had an opportunity to confer with their client, a much better argument can be put forth for low or no bail.
How is Bail Set in New York?
Bail reform laws in New York, and eventual rollbacks to those reforms, have made the bail statute layered and complex, regardless of the charge.
As it pertains to bail for assault (and in line with other crimes), a Judge will typically look at and consider
- the degree charged (ie, 1st, 2nd, 3rd),
- the victim’s injuries,
- the defendant’s criminal and bench warrant history or lack thereof,
- sometimes a defendant’s personal financial situation, and
- the manner in which the individual was arrested here (ie, a voluntary self-surrender or an involuntary apprehension across the country).
As one could imagine, falling on the more favorable side of these factors, such as being an individual without a history who self-surrendered on this case, will counsel in favor of having a Judge release you on your own recognizance (ROR) with the proper arguments by an experienced criminal defense bail lawyer.
What Happens After Bail is Set?
If a Judge does set bail, he or she will do so in three forms:
- Cash bail paid directly to the Court
- Insurance company bondsman
- Partially secured bond
Here’s a common example of what happens after bail is set for Cash Bail of $25,000, Insurance Bond of $50,000, and Partially Secured Bond of $50,000.
- Cash Bail - If posting bail through this method, the individual would pay $25,000 (the full amount) to the Court, and it would be returned at the conclusion of the case so long as bail is not forfeited due to a new arrest or a bail jumping charge.
- Insurance Bond - If posting through this method, an individual would connect with a local bondsman who would charge a fee in exchange for posting the bail. Say this is 5%. The individual would pay a bondsman a non-refundable 5% fee of the bail amount (in this example, $2,500).
- Partially Secured Bond - The client would pay 10% of the bail amount (in this case, $5,000) directly to the Court, and it would be returned at the conclusion of the case so long as bail is not forfeited due to a new arrest or a bail jumping charge. In order to post a PSB, typically the court would require two signatures of individuals who make sufficient income to cover the remainder of the bond should it be forfeited.
Average Bail Amounts for Assault Charges
Bail for First Degree Assault Charges in NY
- First degree assault is a serious B-violent felony. Given the potential consequences of a conviction (5-25 years’ imprisonment), many Judges may be inclined to set relatively high bail, which could reach into the six-figure range. Yet, with a persuasive argument at an arraignment, a defense lawyer could achieve low or even no bail should the client self-surrender and have New York ties.
Bail for Second Degree Assault Charges in NY
- Second degree assault is a D-violent felony in New York and hence a prosecutor is likely to ask for some bail in order to ensure the defendant’s return to Court. If convicted, an individual faces significant upstate prison time - hence, a Judge may view this person as a flight risk and could look to set bail in the range of $50,000. However, a defense lawyer at arraignments should highlight favorable factors such as a strong CJA report and lack of bench warrant history in order to succeed in asking for a release on own recognizance.
Bail for Third Degree Assault Charges in NY
- While third-degree assault is an A-misdemeanor, prosecutors are nonetheless likely to ask for some bail at arraignments, which in some circumstances could be set at approximately $20,000. Again, your defense lawyer could and should argue for ROR by persuading a judge that you are not a flight risk and are anxious to return to Court to fight the case through to completion.
Consequences of Not Posting Bail
By not being able to post bail, an individual and his or her lawyer face an incredibly difficult task of defending a case “from the inside” - that is, the client remains in Rikers while mounting a defense and preparing for trial. As time continues on while an individual sits in Rikers, he or she may feel additional pressure to accept a guilty plea when they otherwise may have wanted to fight the case towards a trial.
How The Law Offices of Jason Goldman Lowered Bail in High Profile Case
In a recent high-profile matter, Jason Goldman was hired during an investigation by an individual who was charged with a felony assault for using a baseball bat to attack another. This incident was caught on camera and circulated throughout the media.
Our office moved swiftly to surrender the individual voluntarily despite the fact that the NYPD was seeking to apprehend him on their own (in a backdoor effort to strengthen their own pitch for high bail). Instead, we made sure to bring the client in voluntarily and show that he, as a first-time offender with New York ties, was not at all a flight risk.
In the face of public scrutiny, we persuaded a Judge at arraignments to set very low bail, which she did, as opposed to the six-digit figure being asked for by the government. Given the low bail, our client was able to fight his case from the outside which in turn led to a successful result.