Bonds and Penalties

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Let’s go back to weapons offenses. What are people facing in terms of the bond amounts? Then what are they facing in terms of the charges and potential sentences and penalties?

Class Three and Two Felonies

Acacia Law The easiest way to answer that is to address what are the realistic time frames, in terms of sentencing? Most aggravated assaults with a deadly weapon are categorized as class three felonies. If there is an allegation of dangerousness, the sentence is 5-15 years, with the normal sentence being 7.5 years. In the case of a crime such as robbery, committed with a deadly weapon, you have now graduated to what is known as a class two felony.

Class two felonies carry a sentencing range of 7-21 years, and I believe the presumptive or normal term being 10.5 years in prison. So, that is the enhancement and reasonable range to expect, if you utilize a deadly weapon. They apply whether or not you inflict any injury.

Potential Bond Amounts

Interviewer: With bond amounts, what’s the range that you’ve seen for aggravated assault with a deadly weapon with dangerousness?

Acacia Law With respect to bond, a bond is really a question of securing the appearance of the individual. And in the case of a dangerous crime, the additional assessment as to whether this person presents himself or herself as a danger to the community is also added. So bond ranges that I have seen for aggravated assault are normally not less than $5,000, and I’ve seen them as high as $250,000 cash.

That means you can’t put 10% down. It means you have to pay the entire amount to the court for that person to be released. If you want to compare that to your average minor, non-dangerous felony, those types of bonds on average run anywhere from $1,500-$5,000.

Interviewer: So if someone’s bond were extremely high, can you get any alternative release conditions that would get him or her out easier by lowering the bond? Do other conditions come into play, and what are they?