Facing an arrest and criminal charges for assault is an unpleasant experience for everyone involved. There are different forms of assault under Nevada law, including simple assault, aggravated assault, and assault of a peace officer. A conviction for any of these offenses attracts severe penalties. Therefore, you will need to be aggressive in your defense. If you remain in jail while you wait for your trial, you could miss out on work that you need to raise money for legal defense.
Additionally, you cannot comfortably speak with your lawyer from behind bars. Fortunately, Nevada laws allow most defendants to secure a temporary release by posting bail. You can post bail in cash, property, or through a Las Vegas bail bonds service. Most people opt for this method due to the lack of financial capacity to post cash bail. At Express Bail Bonds, we will offer the financial assistance and guidance you need to bail your loved one out in Las Vegas, NV.
Understanding Assault Bail Bonds
When you face an arrest for assault in Nevada, you will be booked in a jail cell while you wait for your trial. Assault is defined as any of the following acts:
- Causing intentional harm to another person.
- Threatening another person with bodily injury when you can accomplish the threats.
- Unwanted, provocative, or threatening contact with another person.
You could face an arrest and criminal charges for the following assault offenses in Nevada:
- Simple assault. Under NRS 200.471, you commit a crime of assault when you attempt to use physical force on someone or put another person in immediate danger of bodily harm. Simple assault can occur even when the alleged victim did not suffer an injury and is treated as a misdemeanor.
- Assault of a protected individual. Nevada recognizes specific individuals as protected persons, and a crime against these individuals has far worse legal consequences. Therefore, you commit this offense by assaulting a law enforcement officer, judge, healthcare worker, taxi driver, or firefighter.
- Assault with a deadly weapon. Under Nevada law, assault with a deadly weapon is using force on another person using a lethal weapon. Assault with a deadly weapon is always charged as a class B felony.
Often, remaining in jail will do you more harm than good. You cannot return to work and miss out on time you could spend with your family. Fortunately, you can be released before your trial by posting bail. Bail is the money you pay to assure the court that you will come back to court for your criminal proceedings and trial.
At your first arraignment after an assault arrest, the judge will set your bail. Sometimes, the court can release a defendant without bail. In this case, the defendant promises to return to court on the specified date. Unfortunately, a defendant facing charges for a serious offense like assault may not be eligible for a release on recognizance. If you do not qualify for a recognizance release, you must present a certain amount of money to the court before the release.
Bail amounts vary depending on the specific circumstances of your case. Some factors that the court will consider when setting your assault bail include the following:
- Bail schedules. All the courts in Nevada have bail schedules that assign a default bail amount for different crimes. Therefore, the judge will consult the bail schedules for a base value of your bail before adjusting the amount. In the bail schedules, the bail amounts vary for misdemeanors and felonies. There are different crimes of assault in Nevada. Some crimes, like an assault with a deadly weapon, could be charged as felonies, and simple battery is a misdemeanor. The judge will then adjust the amount based on other factors.
- Your criminal history. California law is often stringent on repeat offenders, even when awarding the bail. Therefore, if you have a prior conviction for assault or other domestic violence, the judge may impose a high bail amount for your release.
- The seriousness of your crime. Assault crimes vary from offensive touching to causing serious injury or using weapons to threaten another person. The severity of your crime helps determine whether you are a threat to the safety of other people in society. If you have committed felony assault, the court will impose a high bail amount or deny your bail. Therefore, you must understand the nature of your charges and their role in your bail amounts.
- Likelihood of flight. When the court releases you from jail with a pending assault case, you are expected to return on your trial date. When setting your bail, the judge will consider your likelihood of skipping bail to avoid the consequences of your actions. The penalties that accompany an assault conviction are severe. Therefore, a defendant could be tempted to flee. If the judge determines that you are a high flight risk, they could impose a high bail amount.
Conditions of Assault Bail Bonds
Whether you secure a release on bail or through a recognizance release with a pending assault case, the judge may attach several conditions to your release. Some of the common assault bail conditions include:
- No Contact Order. Assault is a serious and violent crime. Therefore, when the judge releases you on bail, they want to ensure that the alleged victim of your actions is safe by imposing a no-contact order. The no-contact order prohibits you from making contact with the victim. Contact, in this case, could be physical or through electronic communication. A no-contact order will last until you attend the trial and are either acquitted or convicted of battery. Contacting a victim is viewed as a bail violation and could result in an arrest and bail forfeiture. Bail forfeiture is the loss of the amount you paid to the court for bail.
- Travel restrictions. When you are released on bail with a pending assault case, the court may impose travel restrictions to ensure that you remain in the jurisdiction until your case ends. The court imposes this restriction by asking you to surrender your travel documents.
- Surrender your weapons. For felony assault charges, the court will release you on bail under the condition that you turn over your firearms to the court.
- Avoid alcohol and drug use. While out on bail for assault in Nevada, the court may require that you submit to random alcohol and drug tests. A positive drug test while on bail is a bail violation.
Posting Assault Bail Bonds
You can post bail in cash or through a surety company in Nevada. Due to the seriousness of the assault, bail amounts for the offense may be too high. When you want to post cash bail, you must present the total amount to the court before a release. Unfortunately, most defendants and their families cannot afford cash bail. Therefore, the Las Vegas bail bonds service providers come in to help.
When you contact a bail bonds agency seeking help to secure your loved one’s release, the agency sends out a bail bondsman to assess your situation and determine whether the defendant is eligible for a bail bond. When contacting the surety company, you should ensure to have all the information regarding the defendant’s arrest, charges, and bail amounts. When a bail bondsman helps you to bail your loved one out of jail, you must sign an agreement promising to ensure that the defendant will appear in court as scheduled.
The bail bondsman will locate the defendant in jail and post the amount needed to secure their release. As a fee for a Las Vegas bail bonds service, you must pay up to 15% of the total bail amount plus a fee of not more than $150. In addition to paying this fee, the bail bondsman may require you to provide collateral for the bail bond.
Bail bond collateral could be any tangible item the surety company will return to you when the case is completed. Therefore, you can present home equity, a vehicle, jewelry, or another valuable item. If you use something like a vehicle, the bail bonds company will not take physical vehicle ownership. Instead, they will hold on to the vehicle title.
When a defendant appears to court as scheduled and follows all the court-imposed conditions, they can recover the collateral. However, the bail bonds agency will seize and sell the collateral if the defendant skips bail.
Benefits of Using a Las Vegas Bail Bonds Service
The following are some benefits you could accrue from posting a bail bond instead of using other ways to secure your loved one’s release from jail:
Faster Release
Facing an arrest is a traumatizing experience. The situation is worse when one has to remain in a jail cell. Assault is a serious crime, and you need all the time you can to meet with your legal team and plan for defense. Therefore, sitting behind bars is detrimental. Since bail amounts for assault are high, you may take a while to pay the total amount. This causes the defendant to spend unnecessary time in jail.
Bail bond agencies have the financial capacity to post your loved one’s bail and secure a faster release.
Constant Availability
Another benefit of bail bonds over other bail payment methods is the availability of bondsmen. An arrest can occur at any time of the day. The earlier you begin the bail process, your loved one will be released faster. A Las Vegas bail bonds service will be available to take your case if you need to post bail late at night.
Cheaper Option
Bail amounts can be very high, especially when you face felony charges or are a repeat offender. Unlike cash bail, where you present the full bail amount, you are responsible for up to 15% of the bail when using a bail bonds agency. Spending less money is beneficial since you need all the funds to seek legal guidance and fight your assault charge.
Flexible Payment Options
Most people opt for bail bonds because they cannot afford other bail options. Instead of allowing your loved one or friend to sit in jail, you can use the bail bonds company to acquire the money you need. Most bail bond agencies will allow you to use a repayment plan if you cannot cover the premium amount at once. Before you settle on a Las Vegas bail bonds service, you must discuss their costs and payment options.
What Happens to the Bail Money When my Case Ends?
Bail money is not a punishment for assault. Therefore, you can recover the bail money whether your case ends in a conviction or acquittal. The only factor that affects your ability to recover bail money is a defendant’s ability to adhere to bail conditions and return to court. If you post bail for a loved one and they flee, you will lose the full amount used for bail.
If you use a Las Vegas bail bonds service to secure the defendant’s release, the court will send a notice of forfeiture to the company. If the bail bondsman does not present the defendant to the court, the agency loses its money in a forfeiture. In return, the bail bonds agency will seize your collateral to recover the lost amount.
Find a Reliable Las Vegas Bail Bonds Service Near Me
When you or a loved one faces an arrest for a serious crime like assault, you want to secure a fast release. The only way you can achieve this is by posting bail. Securing a release on bail after an arrest for assault presents several difficulties. Since assault is a severe crime, the court could impose a higher bail amount and attach more conditions for the release.
Therefore, posting a bail bond may be the easiest and fastest way to ensure that your loved one does not remain in jail. When hiring a Las Vegas bail bonds service, you must ensure that their bail bondsmen are experienced in dealing with assault bail bonds.
At Express Bail Bonds, we understand the emotional challenge of seeing your loved one behind bars. Our bail bondsmen are available 24 hours a day to guide you through the bail process and ensure you go home with your loved one. If your loved one is stuck in a Las Vegas, NV, jail, you will need our help. Contact us today at 702-633-2245 to discuss your situation.