For a criminal threats arrest under California Penal Code 422, county bail schedules commonly put felony bail between $25,000 and $150,000, and the premium to a bail bond agent is typically 10% of that figure. The amount is only part of it. Because PC 422 is one of the charges that can require a court hearing before release, the person may not get out as fast as families expect. This guide explains the numbers, the hearing, and what to prepare so you can act quickly once release is possible.
TL;DR
- PC 422 is a "wobbler" that can be charged as a misdemeanor or a felony. Felony bail on county schedules typically runs from $25,000 to $150,000, depending on the county.
- A bail bond premium is typically 10% of the bail amount and is not refundable. On $50,000 bail, that is $5,000.
- Under Penal Code 1270.1, a judge must hold a hearing before setting bail or granting release on own recognizance. Expect added delay, often a day or two.
- The schedule is a starting point. A judge can raise it, lower it, or, in narrow cases, deny bail.
- Release often comes with a protective order that can keep the person out of their own home.
Table of Contents
- What a criminal threats charge means
- Criminal threats bail amounts by county
- Why release is slower with PC 422
- Ability to pay and the judge's discretion
- What a bond actually costs
- The protective order is as important as the bail
- Perspective: what we see when families call about threats charges
- How to move quickly once release is possible
- How threats bail compares with other charges
- Arranging the bond with Midnight Bail Bonds
- FAQ
- Sources
What a criminal threats charge means
Penal Code 422 covers someone who willfully threatens to commit a crime that would result in death or great bodily injury to another person, with the specific intent that the statement be taken as a threat. The threat can be spoken, written, or sent electronically. Texts, voicemails and social media messages are common in these arrests.
Because it can be filed as either a misdemeanor or a felony, the bail picture depends on how the arresting agency books it. The booking charge matters, because that is what the schedule uses at the jail. The prosecutor may file something different later.
Criminal threats bail amounts by county
Every California county adopts its own bail schedule under Penal Code 1269b. The same alleged conduct can carry very different bail depending on where the arrest happened. The research we reviewed shows this spread for PC 422 as a felony in 2026:
| County | Presumptive felony bail for PC 422 | Premium at 10% |
|---|---|---|
| Siskiyou | $25,000 | $2,500 |
| Santa Barbara | $50,000 | $5,000 |
| Sutter | $50,000 | $5,000 |
| Yuba | $150,000 | $15,000 |
The premium column is simple arithmetic at the common 10% rate. The rate actually charged is the one filed with the California Department of Insurance, so confirm it before you sign (more on that below).
If the charge is booked as a misdemeanor, bail is usually much lower. Some counties that use a uniform schedule set standard misdemeanor bail around $1,000. Siskiyou's schedule, for instance, says that when an offense can be charged either way, a default applies unless the schedule says otherwise. Read the line for PC 422 itself.
Why your county's number may not be the final number
The schedule fixes the amount for a person arrested without a warrant, so they can be released before seeing a judge. After the first court appearance, the amount lies within the judge's discretion and may be greater or less than the schedule. If the arrest was on a warrant, bail is generally the amount written on the warrant.
Multiple charges add up too. When someone is booked on several charges from separate incidents, schedules typically add the amounts together. A threats charge alongside a domestic violence or weapons charge can push the total far above the PC 422 figure alone.
Why release is slower with PC 422
Most families picture paying a bondsman and watching someone walk out within hours. With criminal threats, that is not guaranteed. Penal Code 1270.1 requires a hearing in open court before bail is set or release on own recognizance is granted for certain listed offenses. The state judiciary's pretrial overview lists criminal threats among them. The hearing requires at least two court days' notice to the prosecution, and victims have a right to be heard.
The Stanislaus County court's schedule is among the court documents that flag this process. In practice it can add 24 to 48 hours to the timeline. Plan for a Monday arrest to possibly mean a Wednesday release even when the money is ready.
If the person is held over a weekend, it gets longer. Courts are closed, and the clock for the hearing runs in court days.
Can bail be denied altogether?
Yes, in narrow cases. The California Constitution, Article I, Section 12 allows denial of bail for felony offenses involving a threat of great bodily harm when the court finds clear and convincing evidence of a substantial likelihood the person would carry out the threat if released. It is not the usual outcome for a first-time threats arrest, but it is the reason a defense lawyer matters at this hearing.
Ability to pay and the judge's discretion
Since the California Supreme Court's 2021 decision in In re Humphrey, judges must make an individualized assessment and consider the defendant's ability to pay. The Judicial Council's bail determination form reflects that framework. If a $50,000 figure is out of reach, the judge may consider a lower amount or conditions such as supervised release or electronic monitoring.
What helps at the hearing is evidence, not just money. The state's pretrial guidance points to the least restrictive conditions that protect public safety and ensure court appearance. Practical things a family can bring to the defense lawyer:
- Proof of stable housing, ideally somewhere other than the alleged victim's residence.
- Proof of employment and how long the person has held the job.
- Family and community ties in the county.
- A plan to comply with a protective order, including where the person will stay.
- Documentation of income and expenses, if the scheduled amount is unaffordable.
A public defender or private criminal defense attorney is the right person to present this. We can post the bond; we cannot argue the bail motion.
What a bond actually costs
A bail bond is a service. The surety guarantees the full bail amount to the court, and the family pays a premium for that guarantee. On our site, California's premium is 10% of the total bail. The premium is fully earned the moment the bond is posted and is not returned if charges are dropped, the case is dismissed, or the person is found not guilty.
A detail many people miss: 10% is the benchmark, but bail licensees must charge the rate filed with the Department of Insurance by the surety they write for. Ask any agent which filed rate applies to your bond, in writing, before you pay.
Cash bail works differently. If you post the full amount with the court yourself, a dismissal means the person who posted gets it back. For most families, though, a $50,000 cash deposit is not realistic, and that is why bonds exist.
| Bail amount | Premium at 10% | Paid up front, not refunded |
|---|---|---|
| $25,000 | $2,500 | Yes |
| $50,000 | $5,000 | Yes |
| $100,000 | $10,000 | Yes |
| $150,000 | $15,000 | Yes |
For a closer look at the fee rules, our guides on how California law lets bondsmen charge a 10% premium and on bail bond contract terms and questions to ask walk through the paperwork.
The protective order is as important as the bail
At arraignment, the judge often issues a Criminal Protective Order. The California Courts self-help guide explains that these orders can bar a defendant from harassing, stalking, threatening or hurting protected people, and require them to stay a set distance away. In PC 422 cases, orders commonly cover the victim, witnesses, and their homes and workplaces, and can include surrendering firearms.
If the alleged victim lives in the defendant's home, release can mean the defendant cannot go back there. Families should line up another place to stay before the hearing. A violation can mean immediate re-arrest, and a bond can be at risk. Our guide on bail conditions in California covers common terms and what breaking them can cost.
Perspective: what we see when families call about threats charges
We answer calls at all hours, and criminal threats calls have a pattern. The family has the money or a plan and wants the person out tonight. Then we explain the hearing requirement, and the mood changes. Our advice is to hear that early, not on day two.
Three things we tell families:
- Verify the booking charge. Ask the jail or look up the inmate record to confirm the charge and bail figure before you collect money. A free inmate search can tell you whether the bail is $5,000 or $50,000 in minutes.
- Do not treat the schedule as final. If the amount is far beyond what the family can handle, a lawyer can ask the judge to reconsider. Paying a premium you cannot afford, then missing payments, helps no one.
- Take the protective order seriously. We have seen avoidable re-arrests because someone texted the alleged victim "just to apologize." Tell your loved one not to contact anyone named in the order.
We write many bonds without collateral, and we offer payment plans, but we always say what the premium is and what it is not: a non-refundable fee. Clear costs up front are how we want to be judged.
— Jake
How to move quickly once release is possible
- Confirm the booking details. You need the full name, booking number if available, the facility, and the bail amount.
- Ask whether a hearing is required. For PC 422, assume it is. Ask the jail or the court clerk about the expected date.
- Call a defense attorney. Ask them to prepare for the bail hearing with the evidence listed above.
- Line up the bond. Gather ID for the person paying, details on the person in custody, and your payment method. You can prepare before the hearing so the bond is ready when bail is set.
- Plan housing around the protective order. Have an address that is not the victim's.
- Understand the contract. Know the premium, any payment plan, check-in rules, and what happens if the person misses court. Failing to appear can lead to bail forfeiture.
If the person is also held on a separate hold, such as a probation or parole issue, read our guide to the PC 1275 hold, which can delay release even after bail is posted.
How threats bail compares with other charges
If the arrest involves more than a threat, the numbers change. Our guides on domestic violence bail amounts, assault with a deadly weapon bail and HS 11350 drug charge bail show how counties price those charges. A threat made to a spouse or partner is often booked alongside a domestic violence count, which can add both bail and extra conditions.
Arranging the bond with Midnight Bail Bonds
We provide 24/7 bail bond service across California, with licensed agents who answer calls directly and bilingual English and Spanish support. We explain the premium before you commit, offer payment plans, and write many bonds without collateral. You can start with our no collateral bail bonds page, check options on our affordable bail bonds page, or contact us through midnightbail.com at any hour. Our free inmate search can confirm the charge and bail amount first.
FAQ
How much is bail for criminal threats in California?
It depends on the county and on whether the charge is booked as a felony or misdemeanor. Felony schedules in the counties we reviewed ranged from $25,000 in Siskiyou to $150,000 in Yuba, with Santa Barbara and Sutter at $50,000. Misdemeanor bail is often far lower. A judge can change the amount at the first court appearance.
How much do I pay on a $50,000 bond?
At the common 10% premium, you pay $5,000. That fee is not refundable, even if the case is dismissed. The rate actually charged is the one filed by the surety the agent represents, so ask for it in writing.
Can someone arrested for criminal threats be released right away?
Usually not. Because PC 422 is one of the offenses covered by Penal Code 1270.1, a judge must hold a hearing before setting bail or granting OR release. That requires notice to the prosecution and lets victims be heard. Families should expect a delay of a day or two or more.
Can a judge deny bail on a criminal threats charge?
In limited situations, yes. The California Constitution allows denial for felonies involving a threat of great bodily harm when the court finds clear and convincing evidence that the person is substantially likely to carry out the threat if released. Talk to a criminal defense attorney about the specifics of the case.
Sources
- Sutter County Superior Court 2026 Felony Bail Schedule
- Siskiyou County Local Misdemeanor and Felony Bail Schedules for 2026
- Santa Barbara County Superior Court Bail Schedule
- Stanislaus County Superior Court Bail Schedule
- California Penal Code 422
- California Penal Code 1270.1
- California Constitution, Article I, Section 12
- Pretrial Law and Procedure: an Overview (California Courts)
- Bail determination form CR-104 (California Courts)
- Arraignment overview (California Courts Self-Help Guide)
- Guide to Protective Orders (California Courts Self-Help Guide)
- Premiums, Filed Rates, and CCR 2081 (OpenExamPrep)
- Do You Get Bail Money Back if Charges Are Dropped in California? (LegalClarity)