Bail for attempted murder generally lands somewhere between $100,000 and well over $1 million, and for a charge this serious the judge can refuse to set any amount at all. There is no single figure, because a judge decides case by case after looking at the violence alleged, the defendant’s record, and whether any dollar amount can realistically keep the community safe. Expect a high number if bail is granted, and expect a real fight over whether it will be granted in the first place.
What the Judge Weighs
Federal law sets out four factors, and most states follow the same framework. For a violent felony like attempted murder, these factors decide almost everything.
Danger to the community. This is the factor that dominates. If the allegations involve a weapon, extreme violence, or threats against the victim or witnesses, bail climbs sharply, and in many cases the judge concludes no dollar amount is enough and orders the defendant held.
Nature of the offense. The judge looks at the specific circumstances: whether a firearm was involved, whether the victim suffered severe injuries, whether the attempt was premeditated or happened during another felony. Attempted murder already sits near the top of the severity scale, so the baseline starts high.
The defendant’s background. Family ties, employment, length of time in the area, and financial resources all matter. Deep local roots suggest a lower flight risk. A record of violent convictions, pending charges, or missed court dates pushes the number up or tips the decision toward detention.
Weight of the evidence. Strong early proof, such as surveillance footage, eyewitness identification, or a confession, signals a higher likelihood of conviction, and a judge may infer a stronger incentive to flee. That drives the amount up.
When a Judge Can Deny Bail
Bail is not guaranteed. Under federal law, when the charge is a crime of violence carrying a maximum sentence of ten years or more, the government can ask for a detention hearing. If the judge finds that no combination of release conditions can reasonably protect the community and ensure the defendant returns to court, pretrial detention is ordered.
The law goes further when the offense is punishable by life imprisonment or death. In that situation, there is a rebuttable presumption in favor of detention, meaning the burden shifts to the defense to convince the judge that release is appropriate. Clearing that bar with an attempted murder charge is difficult.
State constitutions add their own layers. Roughly half of all states have amended their constitutions to expand the situations in which bail can be denied, typically targeting violent felonies, sex offenses, and repeat offenders. In many of those states, a defendant charged with attempted murder who also has a prior violent conviction faces an uphill battle to get any bail at all.
Why Bail Schedules Do Not Really Apply Here
Many jurisdictions publish bail schedules with preset amounts for common charges, so a defendant can post bail before the first court appearance. For attempted murder, those schedules are essentially irrelevant. The charge is too serious and too fact-specific for a preset figure to be appropriate. The judge will make an individualized determination at a hearing, and any schedule number is at most a starting reference the judge can disregard.
How the Amount Gets Set
The first court appearance generally happens within 48 to 72 hours of arrest, and bail is typically addressed then or shortly after. Weekends and holidays can extend that window. For a charge this serious, the prosecution often requests a separate detention hearing a few days later.
At the hearing, the prosecution pushes for high bail or outright detention, emphasizing the violence of the charge, the strength of the evidence, and any facts suggesting the defendant is dangerous or likely to flee. The defense counters with community ties, stable employment, no prior record, and a willingness to accept restrictive conditions like GPS monitoring.
Some jurisdictions also use algorithmic risk assessment tools. The most widely adopted is the Public Safety Assessment, which scores defendants on factors such as age, prior convictions, prior failures to appear, and whether the current charge is violent. The score is one input alongside the arguments from both sides; the judge still decides.
Conditions Attached to Release
If bail is granted, the dollar amount is almost never the only requirement. Judges typically add:
- GPS ankle monitoring that tracks location around the clock
- A strict curfew or full house arrest
- Exclusion zones barring the defendant from the victim’s home or workplace
- A no-contact order covering the victim and witnesses
- Surrender of passports
- Regular check-ins with a pretrial services officer
Violating any of these gives the judge grounds to revoke bail. Under federal law, committing any felony while on pretrial release triggers a rebuttable presumption that no conditions can keep the community safe, and release is likely to be revoked.
Paying a Six- or Seven-Figure Bail
Bail Bondsmen
When bail is $500,000 or more, almost no one writes that check out of pocket. The usual workaround is a bail bondsman. The bondsman guarantees the full amount to the court in exchange for a non-refundable premium, typically 10% to 15% of the total, depending on the state. On a $500,000 bail, that is $50,000 to $75,000 you will never see again, regardless of the outcome. Most states set the rate by statute, so it is not negotiable.
The bondsman also requires collateral, usually a house, car, or other valuable asset. A defendant or family member signs over a lien, and the bondsman can seize the property if the defendant skips court.
A few jurisdictions have eliminated commercial bail bonding entirely. Illinois, New Jersey, New Mexico, and the District of Columbia no longer use cash bail in the traditional sense, relying instead on risk-based release decisions. Several other states have significantly reduced their reliance on cash bail. Where that is the rule, the bondsman route does not exist.
Property Bonds
A property bond lets the defendant or a family member pledge real estate directly to the court instead of paying cash or going through a bondsman. The court places a lien, and if the defendant fails to appear, the court can foreclose. Courts generally require that the equity, meaning market value minus any mortgage balance, significantly exceed the bail amount. The process takes longer than a bail bond because it involves an appraisal and title review, which can delay release by days or weeks.
Bail Reduction Hearings
If nothing else works, the defense can file a motion asking the judge to lower the amount. There is no cap on how many times a defendant can request this, but judges respond better to changed circumstances: new evidence weakening the prosecution’s case, a long stretch of pretrial detention with the case going nowhere, or documentation of community ties that was not available at the first hearing. Arguing simply that the bail is too expensive rarely succeeds on a charge this serious.
What Happens If You Skip Court
Failing to appear after posting bail on an attempted murder charge is a separate federal crime, and the penalty scales with the seriousness of the underlying charge:
- Original charge punishable by life or 15 or more years: up to 10 additional years in prison
- Original charge punishable by 5 or more years: up to 5 additional years
- Any other felony: up to 2 additional years
- Misdemeanor: up to 1 additional year
Attempted murder typically carries a potential sentence of life imprisonment or at minimum well over five years, so a defendant who flees is looking at 5 to 10 extra years on top of whatever sentence the underlying charge produces. These sentences run consecutively, meaning they are served after the original sentence, not at the same time.
The financial side is just as bad. The bond is forfeited. If a bondsman posted it, recovery agents will look for the defendant and the bondsman will seize whatever collateral the family pledged. If a family member put up a house as a property bond, the court can begin foreclosure. That risk to family assets is exactly why judges set bail high for charges like this in the first place.