Bail for resisting arrest in California depends on which law the person was booked under. A plain misdemeanor under Penal Code 148(a)(1) often means a quick release, sometimes without paying anything. A felony-level charge such as Penal Code 69 usually carries a bail amount set by the county schedule, and a bail bond lets a family pay a fraction of that amount to get their person home. This guide explains the charges, how the amount is set, what a bond costs and what to do in the first hours.
TL;DR
- Most resisting arrest bookings are charged under PC 148(a)(1), a misdemeanor with up to one year in county jail, a fine of up to $1,000, or both.
- Charges involving force or violence (PC 69), or taking an officer's weapon, can be filed as felonies and carry much higher bail.
- Before a judge sees the case, bail comes from your county's bail schedule. Amounts differ from county to county.
- A bond premium is typically 10% of the bail amount. If bail is $20,000, the premium is $2,000. Attorneys get an 8% rate with us.
- Call a licensed bail agent as soon as you have the booking number. We answer 24/7 in all 58 counties.
Table of Contents
- Which charge was the person booked under?
- How bail is set after a resisting arrest
- Can the person get out without paying bail?
- What a bail bond costs for a resisting arrest charge
- Step by step: getting someone out
- Misdemeanor or felony: which bond page applies
- Perspective
- Get help with a resisting arrest bond now
- Practical tips for the first 48 hours
- FAQ
- Sources
Which charge was the person booked under?
The phrase "resisting arrest" covers several different crimes, and bail follows the specific code section. Ask the jail or look up the booking record for the exact section number before you do anything else.
Penal Code 148(a)(1): resisting, delaying or obstructing
This is the charge most people mean. Penal Code 148(a)(1) makes it a crime to willfully resist, delay or obstruct a public officer, peace officer or emergency medical technician who is doing their job. When no other punishment is prescribed, the penalty is a fine of up to $1,000, county jail for up to one year, or both.
The statute is broader than the name suggests. Conduct does not have to involve physical struggle. Running from a lawful detention, giving a false name or refusing to step back from a scene can all be charged under it, according to a California defense firm's overview of PC 148. Prosecutors must show the person resisted, delayed or obstructed, that the officer was performing official duties, that the person knew or should have known they were dealing with an officer, and that the act was willful.
Penal Code 148(b) through (d): weapons and firearms
If someone takes or tries to take a weapon from an officer during a 148(a) offense, the penalties rise. Under PC 148(b), taking a weapon other than a firearm is punishable by up to a year in county jail or imprisonment under Section 1170(h). Subdivisions (c) and (d) deal with firearms and carry their own, longer terms.
Penal Code 69: force or threats against an executive officer
PC 69 applies when someone tries to deter an officer by threat or violence, or resists an officer with force or violence. The statute allows a fine of up to $10,000, imprisonment under Section 1170(h), county jail up to one year, or both, per the text of Section 69. It is a "wobbler," meaning it can be filed as a misdemeanor or a felony, and FindLaw's summary notes a felony conviction can mean up to three years in state prison.
Why the section number matters for bail
The section number tells you which schedule line applies, whether the charge is a felony, and whether a release without bail is realistic. A 148(a)(1) booking and a 148.10 booking (resisting an officer in a way that causes death or serious bodily injury) are in completely different categories.
How bail is set after a resisting arrest
Under Penal Code 1269b, before a judge has set bail at an appearance, bail is set under the county's uniform bail schedule unless a warrant fixes the amount. After an appearance, the judge fixes it. The superior court judges in each county adopt and revise the schedule every year, which is why the same charge can carry different amounts in different places.
Examples from county schedules
The published schedules show how much the number moves with the code section and the county. These are the presumptive amounts on the schedules, not a prediction for a specific case:
| County and schedule | Penal Code section | Presumptive bail |
|---|---|---|
| Stanislaus, effective January 1, 2026 | 148(b), weapon taken | $25,000 |
| Stanislaus | 148(c), firearm taken | $40,000 |
| Stanislaus | 148.10, death or serious injury | $75,000 |
| Contra Costa, felony schedule January 21, 2025 | 69, resisting or threatening officer | $20,000 |
| Contra Costa | 148.10 | $25,000 |
| Marin, felony schedule January 2025 | 69 | $15,000 |
| Marin | 148(d), attempt to take firearm | $50,000 |
| Alpine, felony schedule | 69 | $25,000 |
| Alpine | 148(d) | $100,000 |
Schedules are revised every year, so confirm the current figure with the jail or the county superior court's website. If you tell us the county and the booking number, we look up the current amount for you. Our guide to what a bail schedule is walks through reading one.
What a judge looks at
When a judge sets or reviews bail, the factors include public protection, the seriousness of the offense, the person's prior record and the likelihood they will return to court, according to a California Law Revision Commission staff memo on bail. That is why a first-time 148(a)(1) arrest and a PC 69 arrest with injuries to an officer can end up with very different outcomes at the first hearing.
Can the person get out without paying bail?
Sometimes, and it is worth asking before you pay anything. For a misdemeanor arrest, Penal Code 853.6 generally calls for releasing the person with a written notice to appear in court, unless the person demands to see a magistrate or an exception applies. The same memo from the Law Revision Commission states that people arrested for misdemeanors are presumptively eligible for release on their own recognizance.
Counties handle this differently:
- Jail release on a promise to appear. In Stanislaus County, jail deputies may release certain eligible people on a promise to appear, or a judicial officer may release them on their own recognizance before the first court date.
- Pre-arraignment protocols. Los Angeles County uses pre-arraignment release protocols that, for many non-violent offenses, replace monetary bail with non-financial conditions after an individual assessment.
A charge that involves force, a weapon or injury to an officer is far less likely to qualify. A person who is also held on a warrant, a probation or parole hold, or another charge may not be released on the resisting count alone either. In those situations a bond on the bail amount is often the practical route.
Why someone may be held with no bail
Pretrial detention without bail is a limited exception. In In re Humphrey (2021), the California Supreme Court held that pretrial detention should be limited to cases with clear and convincing evidence of flight risk or danger, and that judges must consider ability to pay, as summarized in the Stanislaus bail schedule and the Law Revision Commission memo. A resisting arrest charge alone rarely leads to a no-bail hold. A hold usually comes from something else in the person's situation, such as a violation of probation, and a lawyer can ask the court to address it.
What a bail bond costs for a resisting arrest charge
If the person is not released on a promise to appear and the family does not want to put up the full bail in cash, a bond covers it. The California Department of Insurance reports that bail bond fees are typically 10% of the total bail amount, and higher bail amounts may require added collateral. Our premium is 10%, and attorneys receive our 8% rate, applied automatically.
Here is what that looks like at the amounts on the schedules above:
| Bail amount | Premium at 10% | Premium at the 8% attorney rate |
|---|---|---|
| $15,000 | $1,500 | $1,200 |
| $20,000 | $2,000 | $1,600 |
| $25,000 | $2,500 | $2,000 |
| $50,000 | $5,000 | $4,000 |
The premium is the fee for the bond. It is not a deposit, so it is not refunded when the case ends. Our bail bond cost calculator gives you the exact figure for your bail amount. For a deeper breakdown, read how bail premium is determined or how much a bail bond costs in California.
If a co-signer needs more room in the budget, we offer 0% down options and payment plans for qualified co-signers. Our page on bail bond payment plans explains how they work.
Step by step: getting someone out
- Get the booking details. You need the full legal name, date of birth, the jail where the person is held and the booking number if the jail gives one.
- Find the charge and the bail amount. Ask for the exact Penal Code section. If it says 148(a)(1) alone, ask whether the person is eligible for release on a promise to appear before paying anything.
- Call a licensed bail agent. Under the state's rules, a bail agent must be contacted directly by the arrestee, their attorney or an adult friend or family member, and agents may not solicit business. You are the one who starts the call.
- Complete the paperwork. The co-signer, usually a family member or friend with steady income, signs the bond agreement and pays the premium or sets up a plan. We handle much of this online, and you can see how on our online bail bonds page.
- Wait for release. Timing depends on the jail's processing, which can take several hours after the bond is posted.
- Make every court date. This is the part that matters most for the co-signer.
What the co-signer is agreeing to
Once an agent posts the bond, the agent is responsible for the defendant's court appearances. If the defendant fails to appear, the bond is forfeited, and the company has 180 days to locate the person or return them to custody to seek exoneration. A missed date can also lead to a new warrant and new charges, so we stay in touch with clients about each date.
Misdemeanor or felony: which bond page applies
The bond is the same financial product, but the amount and the process differ with the charge level:
- A PC 148(a)(1) booking is usually handled as a misdemeanor bail bond. Amounts are lower, and release on a notice to appear may be available.
- A PC 69 felony filing, a weapon-taking allegation or a charge tied to injury is handled as a felony bail bond. The amounts are higher, and larger bonds can call for additional collateral.
Resisting arrest is often paired with other charges, such as assault, DUI or a drug offense. Our guide to assault bail in California covers one common pairing. Bail is usually set for the combined set of charges, so the highest-level count tends to drive the amount.
Perspective
Families call us after a night they never expected. Someone raised their voice, ran, or got into a tense moment with an officer, and now there is a booking sheet with a Penal Code number nobody understands.
Our view is simple. Read the charge first, then find the bail amount, then decide. A resisting arrest booking can look scary on paper, but the code section tells you most of what you need to know. When the amount is manageable, a bond lets you get your person home and let them prepare for court with a lawyer, a job and family around them.
We built our practice around direct, practitioner-led service. You talk to a licensed person, not a call center. We cover all 58 counties, we offer support in Spanish, Hindi and Arabic, and the free consultation costs nothing, so you can ask about the charge, the amount and the co-signer's role before you commit.
We also care about what happens after release. We guide clients through every court date because a missed appearance causes more trouble than the original arrest.
Jake
Get help with a resisting arrest bond now
If someone you love is in a California jail on a resisting arrest charge, we can tell you the bail amount, the premium and the quickest path to release. Consultations are free, we are available 24/7, and attorneys get an 8% rate automatically. Qualified co-signers can ask about 0% down and payment plans.
Start on our California bail bonds page or run your bail number through the cost calculator. If the budget is tight, see our $500 down bail bonds page.
Practical tips for the first 48 hours
- Do not discuss the facts on jail phone lines. Calls from jail are generally recorded. The person should keep calls to logistics.
- Contact a criminal defense attorney. A lawyer can challenge whether the officer was lawfully performing their duties, which is part of what prosecutors must prove, and can argue for a lower bail or release at the first hearing.
- Gather proof of stable ties. Pay stubs, a lease and family contacts help a judge and a bail agent see that the person will return to court.
- Write down the court date. Confirm the date, courtroom and address, and put them in the co-signer's phone and calendar.
- Ask about cash versus bond. Paying full bail in cash can be refunded at the end of the case less any fees, whereas a bond premium is a fixed fee. Our comparison of cash bail versus a bond shows how each works for a family.
FAQ
Is resisting arrest a felony or a misdemeanor in California?
Under PC 148(a)(1) it is a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both. Related charges can be felonies. PC 69, for example, can be filed as a misdemeanor or a felony, and a felony can carry up to three years in state prison.
What percentage of bail do you pay for a bond in California?
Bail bond fees are typically 10% of the total bail amount, according to the California Department of Insurance. Our standard premium is 10%, and attorneys get 8%. On $20,000 bail, that is $2,000 at 10% and $1,600 at 8%.
Can someone be released without bail after a resisting arrest?
Often for a misdemeanor, yes. State law generally calls for a notice to appear for misdemeanor arrests, and some counties release eligible people on a promise to appear. Force, weapons, holds or other charges can change that, and a bond may then be the fastest option.
Does bail differ by county for the same charge?
Yes. Each county's superior court adopts its own bail schedule and revises it every year. For PC 69, the presumptive amount on the schedules above is $15,000 in Marin, $20,000 in Contra Costa and $25,000 in Alpine.
Why would someone have no bail?
No-bail holds are a limited exception. They apply when a court finds clear and convincing evidence of flight risk or danger, or when a hold from another case is in place. A resisting arrest charge alone rarely does this. Ask a defense attorney to request a bail hearing.
Sources
- California Penal Code 148 (Justia)
- California Penal Code 69 (Justia)
- California Resisting Arrest Laws (FindLaw)
- PC 148 overview (Shouse California Law Group)
- California Penal Code 1269b
- Stanislaus County Superior Court Bail Schedule
- Contra Costa County Felony Bail Schedule
- Marin County Felony Bail Schedule
- Alpine County Bail Schedule
- California Law Revision Commission, Staff Memorandum 2022-10
- Penal Code 853.6 (FindLaw)
- Los Angeles Superior Court pre-arraignment release protocols FAQ
- California Department of Insurance, Exploration of California's Bail System