Yes, a person arrested for attempted murder in California can usually be released on bail. The amount comes from the county bail schedule until a judge sets it, and it is often high. Orange County's 2026 schedule lists $500,000 for attempted murder, or $1 million if willful and premeditated. A bail bond lets a family post that amount for a nonrefundable premium instead of the full sum. For serious felonies like this one, a judge often reviews bail in open court first.
This guide explains how bail is set, what a judge weighs, what a bond costs on a bail this size, and what to do in the first hours.
TL;DR
- Attempted murder is a bailable offense in California in most cases. The Constitution carves out exceptions for capital crimes and certain violent felonies when strict evidence requirements are met.
- Counties publish their own schedules. Orange County's 2026 schedule lists $500,000 for attempted murder and $1 million if willful and premeditated. Other counties differ.
- A hearing in open court is required before release above or below the schedule on a listed serious or violent felony. Expect delay.
- On our bonds the premium is 10% of the bail amount, 8% for attorney-referred clients. Qualified co-signers may have payment-plan options.
- Call early. We can start paperwork while the court process unfolds, 24/7.
Table of Contents
- Is attempted murder bailable in California?
- How much is bail for attempted murder?
- What a judge considers at a bail hearing
- What the charge means for the case
- Cash bail or bail bond: how release is arranged
- Step by step: getting someone released on an attempted murder bail
- Holds, no-bail flags and related issues
- Start the bond with us
- FAQ
- Sources
Is attempted murder bailable in California?
In most cases, yes. The California Constitution provides for bail by sufficient sureties, with exceptions for capital crimes and specified felony violence, sexual-assault or threat cases that meet its evidentiary requirements. Attempted murder is not itself a capital crime, so the "no bail" label you hear about usually attaches to first-degree murder with special circumstances. Penal Code 1270.5 says that a defendant charged with an offense punishable by death cannot be admitted to bail when proof of guilt is evident or the presumption great.
That does not make release automatic. A judge can deny or condition release in the narrow situations the Constitution allows, and the prosecution can ask for it. The practical point: do not assume your loved one is stuck. Find out which court, which charge and whether a judge has already set bail.
How much is bail for attempted murder?
There is no single statewide number. Each of the 58 counties' superior courts establishes its own felony bail schedule, so amounts vary widely.
Who sets the amount depends on where the case stands. Under Penal Code 1269b, a defendant who has appeared before a judge has bail set by that judge. If there has been no appearance, bail follows the county's uniform schedule or the arrest warrant.
Some counties are shifting how they handle this. A 2026 staff memo to the state's Committee on Revision of the Penal Code notes that some counties use pre-arraignment release protocols, while state law requires schedule bail or own-recognizance release for serious or violent offenses until an open-court hearing. In plain terms, the number on the schedule may be only the first number.
Aggravating facts change things. The Los Angeles County felony schedule, for example, uses a point-style worksheet in which firearm use and injury add to the amount. Details vary, so read your county's current schedule or ask us to pull it for you.
What the premium looks like at schedule amounts
Our premium is 10% of the bail amount, with an 8% attorney discount. See our bail bond cost page for the current terms. The arithmetic for a bail set at the Orange County schedule figures:
| Bail amount | Premium at 10% | Premium at 8% (attorney discount) |
|---|---|---|
| $500,000 | $50,000 | $40,000 |
| $1,000,000 | $100,000 | $80,000 |
The premium is the fee for the bond, and it is not returned. Our bonds cover amounts from $1,000 to $1,000,000.
What a judge considers at a bail hearing
For a charge like attempted murder, expect a hearing. Under Penal Code 1270.1, for listed serious or violent felonies a hearing in open court before a magistrate or judge is required before release on bail above or below the schedule, or on the defendant's own recognizance.
At that hearing the court considers:
- Past court appearances
- The maximum potential sentence
- Danger to others
- For own-recognizance release, community ties and ability to post bond
If the court changes the scheduled amount, it must state its reasons on the record. Attempted murder carries heavy exposure, so the prosecution will usually argue the facts of the arrest and any criminal history. Bail schedules are a starting point rather than a guarantee, and a judge may deviate based on arrest facts, history and flight risk.
The five-day bail review
If bail has been set and the family cannot meet it, there is a review right worth knowing. In Bunker v. Superior Court (2025), the Court of Appeal clarified that the review under Penal Code 1270.2 within five days is an automatic right and cannot be refused for lack of a "change of circumstances". Ask the defense attorney about it right away. A lawyer who argues community ties, work history and a stable address is doing the most useful thing at this stage.
What the charge means for the case
Bail decisions look at the potential sentence, so it helps to know what is at stake. To prove attempted murder, the prosecution must show a direct but ineffectual step toward killing another person and an intent to kill.
Penalties under Penal Code 664:
- Attempted willful, deliberate and premeditated murder is punishable by life in state prison with the possibility of parole, if premeditation is charged and admitted or found true.
- Other attempted murder carries five, seven or nine years in state prison.
- If the victim is a peace officer, firefighter or certain custodial staff acting in their duties and the person knew or should have known it, the punishment is life with the possibility of parole.
Enhancements can add time. This is why the defense attorney's role matters so much, and why a prompt release lets the accused help prepare. A person out of custody can meet the lawyer, gather witnesses and keep a job, which are the same facts a judge looks at when reconsidering bail.
Cash bail or bail bond: how release is arranged
Once bail is set, there are several ways to pay. According to Nolo, a person may post cash or a check for the full amount, property worth the full amount, or a bond guaranteeing the full bail, or seek release on their own recognizance. Cash is refunded, less a small administrative fee, once the case ends and all appearances are made.
At $500,000 or more, few families have that in cash. A bond solves that. A surety bond typically costs a nonrefundable 10% premium and may require collateral such as a vehicle title, valuable personal property or a land deed. For a deeper side-by-side, read our guide to cash bail versus a bond, or our explainer on property bonds and surety bonds if real estate is part of the plan.
What a co-signer takes on
The person who signs for the bond is the indemnitor, and the role carries real responsibility. A co-signer who signs an indemnity agreement becomes the financial backstop for the full bail amount. The UCLA Criminal Justice Reform Clinic's 2017 report found that nearly every bail bond contract it reviewed held the indemnitor responsible for expenses tied to breaches of the contract.
The practical way to use that well: choose a co-signer who is stable, who can reach the defendant and who will make sure every court date is kept. We go through the contract with you line by line, and consultations are free.
Step by step: getting someone released on an attempted murder bail
- Confirm the booking and charge. Get the full name, date of birth, jail and booking number. Ask whether the charge is PC 664/187.
- Find out whether bail is set. If there has been no court appearance, the county schedule applies. If a judge has ruled, that figure controls.
- Contact a defense attorney. A lawyer can request a bail hearing or the five-day review and present ties to the community.
- Call us. We review the amount, premium, collateral and co-signer. Our step-by-step bail guide shows what happens next.
- Sign and post. The bond is posted at the jail or court, and release follows the jail's processing time.
- Keep every court date. Missing one puts the bond and the co-signer at risk.
If you are out of state, we have a guide on bailing someone out from another state, and online bail bonds let you handle paperwork remotely.
Holds, no-bail flags and related issues
Sometimes the bail number is not the only barrier. A PC 1275 hold means the court wants the source of bail money checked before a bond is accepted. We handle these regularly and explain the process on our PC 1275 hold page. If the booking shows "no bail," see our guide to no-bail holds and what families can do in 24 hours. For the most serious charges, our murder bail bonds page for Orange County shows how we approach them locally.
Our perspective
When a family calls about an attempted murder arrest, the first thing we hear is fear and the second is a number. Both deserve a straight answer. We tell families what the schedule says, what a judge may change, and what the bond would cost, before anyone signs.
We built this business so you speak to the person who actually handles your bond, not a call center. That matters on a high bail, where small details, such as collateral, a 1275 hold or the timing of a hearing, decide whether someone is home this week or next. We work in all 58 counties, in English, Spanish, Hindi and Arabic, and we stay with you through every court date.
Our 10% premium, auto-applied attorney discount and payment plans for qualified co-signers are designed to make a large bail manageable. Call us before the hearing, and we will help you plan around it.
Jake
Start the bond with us
Jake Hernandez Bail Bonds provides licensed bail bond service across California, with free consultations and support 24/7. We write bonds from $1,000 to $1,000,000, offer 0% down options and payment plans for qualified co-signers, and apply attorney and military discounts. We cover every jail and charge type, including felony bail bonds, and you speak with us directly.
To see how the premium works on your amount, visit our bail bond cost page or contact us now.
FAQ
Can you get out on bail for attempted murder in California?
Usually yes. The state Constitution reserves denial of bail for capital crimes and specific violent felonies that meet strict evidence requirements. A judge may still set a high amount or hold a hearing first, so speak to a defense attorney quickly.
What is the sentence for attempted murder in California?
Under Penal Code 664, attempted murder carries five, seven or nine years in state prison. If willful, deliberate and premeditated, it is life with the possibility of parole. Enhancements, such as firearm use, can add time.
Is it better to bail out or stay in jail?
Being out lets the accused work with their attorney, keep a job and stay with family, which are all things judges consider later. It also means keeping every court date. We walk co-signers through that responsibility before signing.
What makes someone ineligible for bail in California?
Capital offenses where proof is evident or the presumption great, and certain violent or sexual felonies and threat cases meeting constitutional standards, can lead to denial. A judge makes the call at a hearing. A defense attorney can tell you where your case stands.
How much does a bond cost for a $500,000 bail?
At our 10% premium, a $500,000 bail means a $50,000 premium. Attorney-referred clients get 8%, which is $40,000. Ask us about payment plans if you qualify as a co-signer.
Sources
- California Constitution, Article I, Section 12
- Orange County Uniform Bail Schedule
- Penal Code 1270.5
- Committee on Revision of the Penal Code, Staff Memorandum 2026-09
- Penal Code 1269b
- Penal Code 1270.1
- Bunker v. Superior Court (2025)
- Summit Defense, bail schedule overview
- CALCRIM No. 600
- Penal Code 664
- Nolo: How Does Bail Work?
- Nolo: How to Pay for Different Types of Bail
- LegalClarity: Bail Bond Cosigner
- UCLA Criminal Justice Reform Clinic report (2017)