Burglary Bail Amount in California: What to Expect

Burglary Bail Amount in California: What to Expect

In California, bail for burglary is usually $50,000 for first-degree (residential) burglary and $10,000 to $20,000 for second-degree burglary, depending on the county. That is the default amount on a county bail schedule. A judge can change it at the first court appearance. If you use a bail bond, you generally pay a fraction of that amount, not the whole figure.

Below are the actual 2026 numbers from several California courts, what a bond costs at each level, and the steps that can bring the number down.

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TL;DR

  • First-degree (residential) burglary is typically set at $40,000 to $50,000 on 2026 county schedules. Second-degree burglary runs about $10,000 to $20,000.
  • The schedule amount is only a starting point before arraignment. A judge can lower it, raise it, or release the person without money.
  • A bond premium in California is commonly 10% of the bail amount, and licensed agents can offer lower rates through legal rebates. On $50,000 that is the difference between $5,000 and as little as $500.
  • Arraignment must happen within 48 hours (excluding weekends and holidays), and a high bail amount can be reviewed within 5 days.
  • Bail rules are set by state and county. The figures here are California’s. Other states, including Texas and Florida, work differently.

Table of Contents

Why burglary bail varies so much from county to county

California does not have one statewide burglary bail number. Each county’s Superior Court adopts its own felony bail schedule every year, and the numbers differ. One court summary notes that for first-degree burglary some counties can set $50,000 while others set different figures. So the same arrest can carry a different price depending on where it happened.

Two things drive the amount on any schedule:

  1. The degree of burglary. Under California law, first-degree burglary means entering an inhabited home or dwelling. Second-degree covers other buildings, such as a shop, office or warehouse.
  2. The county’s own judgment about the seriousness of the offense and flight risk.

The schedule is the default for release before anyone sees a judge. California’s courts describe it this way: before the first appearance, bail is the amount in the warrant, or if there is no warrant, the amount on the schedule unless a judge changes it (Pretrial Law and Procedure: an Overview).

2026 burglary bail amounts in California counties

Here is what several published 2026 schedules say. These are default amounts, not predictions of what a judge will do in a specific case.

County First-degree (residential) Second-degree / all other
Los Angeles $50,000 (first degree, person present) Listed separately on the schedule
San Luis Obispo $50,000 $20,000
Santa Clara $50,000 $10,000
Riverside $40,000 $20,000
Kings $50,000 $15,000

A few details worth knowing:

  • Los Angeles separates burglary by circumstances. Its 2026 schedule sets first-degree burglary with a person present at $50,000 and treats an inhabited dwelling with no one present differently. It also lists offenses committed while in the commission of first-degree burglary at $1,000,000 in some situations, which is why the exact charge matters so much.
  • Riverside lists a second-degree burglary charged as a misdemeanor separately from the felony version.
  • Shoplifting by a person with specified priors is not the same as burglary on these schedules. Santa Clara, for example, lists it as its own entry.

Because schedules are updated each year, always confirm the current amount with the jail or the court. If you are not sure where to look, our California counties page shows where we work, and an agent can read the exact charge and amount with you.

What the charge actually is: first versus second degree

The amount you see depends on how the arresting agency booked the charge. Three situations come up often.

Residential burglary. Entering a home, including an attached garage in many cases, with intent to commit theft or a felony. This is first-degree and carries the highest default bail.

Commercial burglary. Entering a store, office or other non-residential building with that intent. This is second-degree and the default is usually $10,000 to $20,000.

Burglary with other charges. Weapons, injuries, or a prior record can raise the amount or take the case outside the normal schedule. Violent and serious felonies are treated more strictly. The San Luis Obispo schedule notes that Penal Code section 1270.1 prohibits release on bail in an amount other than the scheduled amount for violent and serious felonies and certain enumerated felonies, until a hearing is held.

If the booking sheet lists several charges, the bail is often the sum of the scheduled amounts or the highest one, depending on county rules. That is another reason to read the booking sheet closely before posting anything.

Burglary charge types and bail amount factors

What you actually pay: the bond premium

Most families do not pay the full bail amount. They pay a bail agent a non-refundable fee, called a premium, and the agent posts the bond.

The California Department of Insurance explains that its Rate Regulation Branch reviews whether bail premium rates are fair, and that bail agents must charge the rates their surety company has filed (California Department of Insurance, Bail Bonds). The standard figure is 10% of the bail amount. Agents can lower the effective cost through legal rebates, which is why you see ranges from about 2% up to 10%.

Here is what that looks like on typical burglary bail amounts:

Bail amount Standard 10% premium 2% premium 1% premium
$10,000 $1,000 $200 $100
$20,000 $2,000 $400 $200
$40,000 $4,000 $800 $400
$50,000 $5,000 $1,000 $500

The 10% column is The Bail Network’s standard premium. Lower rates depend on approved credit. The 1% and 2% columns show what the arithmetic would be, not a guaranteed quote. Whether you qualify depends on your credit and the details of the case. Our guide to who qualifies for 1% bail and what it actually costs walks through the requirements, and the bail bond calculator lets you test your own number.

To be clear on one point, the premium is not a deposit. You do not get it back when the case ends, even if the charges are dropped. Our explainer on 10 percent bail, court deposit versus agent fee covers what does and does not come back.

What you actually pay: the bond premium — overview diagram

Collateral on larger bonds

On big bail amounts, agents may ask for collateral on top of the premium. The California Department of Insurance’s overview of the state’s bail system notes that agents often require collateral such as a lien on real property for larger amounts, to protect the company if the defendant misses court (CDI, An Exploration of California’s Bail System). A first-degree burglary bond at $50,000 can fall into that range. If you are weighing a property bond directly with the court, know that it is slow: see our piece on California property bonds and the county forms they require.

Bail is not final until a judge says so

The schedule amount is a default for the hours between arrest and the first hearing. After that, the judge has the power to change it.

At arraignment, the California Courts Self-Help Guide says the judge can release a person on their own recognizance (no money), set conditions such as home detention or electronic monitoring, keep the bail amount, or in rare cases deny bail (California Courts Self-Help, The arraignment). The judge weighs the facts of the case, ties to the community and public safety.

Two practical points follow from that:

  • Arraignment comes fast. It must happen within 48 hours of arrest, not counting weekends and holidays. For some second-degree or lower-level burglary arrests, waiting for the hearing can result in a lower amount or a release without bail.
  • Waiting is not always safe. Time in custody can mean missed work, lost housing or childcare problems. And for serious or violent felony charges, the schedule amount may be the only route to release before the hearing.

There is no universal answer. If the charge is residential burglary with other allegations, speak with a criminal defense attorney about whether to wait. The attorney, not a bail agent, is the right person to advise on that call.

What the Humphrey decision changed

In 2021 the California Supreme Court decided In re Humphrey, which pushed judges to consider a defendant’s ability to pay when setting money bail, rather than relying on the schedule alone. The state’s pretrial release form, CR-104 Findings and Orders for Pretrial Release or Detention, includes a line for the amount of bail the defendant can afford. In practice, that gives your attorney something concrete to argue at arraignment if the scheduled amount is out of reach.

Asking for a bail review

If bail is set at a level you cannot meet, the court’s pretrial overview points to a right to have the bail order reviewed within 5 days under Penal Code section 1270.2 (Pretrial Law and Procedure: an Overview). That hearing can look at ability to pay. Ask the defense attorney or the public defender about it right away.

Our perspective: price the premium, not the headline number

When a family calls us about a burglary arrest, the first thing they say is the bail amount, usually with panic in their voice. $50,000 sounds impossible. But the bail amount and the cost of getting someone out are two different numbers, and mixing them up is the most common mistake we see.

Here is how we would walk through it with you:

  1. Read the booking sheet. Confirm the charge, the degree and the amount. A small change in the charge can change the number by tens of thousands of dollars.
  2. Work out the premium, not the bail. At our standard 10% premium, $50,000 bail is $5,000. With approved credit we offer 1% bail bonds and 2% bail bonds, which bring the upfront figure down substantially.
  3. Ask what collateral is required. Some families do not have property to pledge. We explain that up front, and our no-collateral bail bonds page explains how that option works.
  4. Talk to the lawyer about the hearing. We post bonds. A defense attorney decides whether arraignment or a bail review may get a better result.

We also have bilingual agents available 24/7, because arrests do not happen on business hours and families should not have to translate paperwork while they are scared. Our job is to give you a clear picture before you sign anything, including what the premium covers and what it does not.

— Jake

How to post a burglary bond step by step

  1. Get the booking details. You need the full name, date of birth, booking number if available, and the jail holding the person. Most California county jails have an online inmate locator.
  2. Confirm the bail amount and charge. Check it against the current county schedule or the warrant.
  3. Contact a licensed bail agent. Ask for the total premium in dollars, any payment plan, and whether collateral is required.
  4. Complete the paperwork. The person who signs, called the indemnitor, takes on responsibility for making sure the defendant appears in court. Read the agreement before signing.
  5. The agent posts the bond at the jail. Release timing depends on the jail’s processing, which can take several hours.
  6. Make every court date. A missed appearance can lead to the bond being forfeited and a warrant being issued, and the indemnitor can owe the full bail amount.

Our burglary bail bonds page covers the process specifically for these charges.

Burglary sits in the middle of the theft family on county schedules. Our related guide on robbery bail costs in California and Los Angeles shows that robbery, which involves force or fear, runs higher, from about $25,000 to $100,000. Theft without entry into a structure and shoplifting generally carry lower amounts, though some counties treat repeat offenders differently.

Outside California, the picture changes. A Florida criminal defense firm reports that burglary charges can range from $5,000 to $20,000 there, and a Dallas analysis found most defendants receiving bail between $1,500 and $10,000. We mention these only so you do not apply a California number to a case in another state.

Paying for it when money is tight

A burglary bond can still strain a family budget, even at a reduced rate. Options worth asking about:

  • A payment plan. We offer flexible plans with approved credit. See how to pay for a bail bond and how people afford a bond.
  • A lower premium rate. If your credit is approved, a 1% or 2% rate can cut the upfront cost sharply.
  • A co-signer. A family member or friend with stable income can strengthen the application.
  • Asking the court first. If the person can wait for arraignment, your attorney can ask for release without money or a lower amount.

Whatever you choose, avoid anyone who asks for payment before showing you a written agreement, or who promises a result the court controls.

Need a bond now?

If someone you love was arrested for burglary in Southern California, we can help you check the amount, work out the real cost and start the paperwork any hour of the day. Call us or start online through our 24-hour bail bonds service, or see our Orange County and San Diego pages for local inmate search. Our agents speak English and Spanish.

FAQ

How much is bail for burglary in California?

It depends on the county and the degree. On 2026 schedules, first-degree residential burglary is generally $40,000 to $50,000, and second-degree is roughly $10,000 to $20,000. A judge can change the amount at arraignment.

Is $10,000 bail a lot?

That depends on your finances, but you do not usually pay all of it. At a 10% premium, a $10,000 bond costs $1,000, and with a lower approved-credit rate the upfront cost can be less. The premium is not refunded when the case ends.

How much do you have to pay on a $50,000 bail?

At the standard 10% premium, $5,000. At 2% it would be $1,000 and at 1% it would be $500, if you are approved. Large bonds may also require collateral.

How serious is a burglary charge?

Very. First-degree burglary of a home is a felony in California and can lead to a prison sentence, and it is treated as a serious felony. Second-degree burglary can be charged as either a felony or a misdemeanor depending on the facts. A defense attorney can explain how the specific charge applies to your case.

Can burglary bail be lowered?

Yes. At arraignment a judge can lower bail, set conditions, or release the person on their own recognizance. Your attorney can also ask for a review within 5 days if the amount is out of reach.

Sources