In Kansas, the bond amount for a severity level 5 felony is determined by the court based on several factors, including the nature of the offense, the defendant’s criminal history, and their likelihood to appear in court. Unlike some jurisdictions that have fixed bail schedules, Kansas allows judges discretion in setting bond amounts to account for the specifics of each case.
Key Considerations Influencing Bond Amounts
- Severity of the Offense – Level 5 felonies are considered serious offenses in Kansas, with sentencing guidelines recommending imprisonment ranging from 31 to 136 months (approximately 2.5 to 11.3 years). This severity can influence the bond amount set by the court.
- Criminal History – A defendant’s prior criminal record plays a significant role in determining bond. Individuals with extensive or violent criminal histories may face higher bond amounts compared to first-time offenders.
- Flight Risk and Community Ties – The court assesses the defendant’s ties to the community, employment status, and family connections to evaluate the risk of non-appearance. Stronger community ties typically result in lower bond amounts.
Special Provisions for Lower-Level Offenses
For certain less severe offenses, Kansas law permits the court to allow defendants to post a percentage of the bond amount (commonly 10%) under specific conditions. However, this provision generally applies to…
- Misdemeanors
- Severity level 8, 9, or 10 nonperson felonies
- Drug severity level 5 felonies committed on or after July 1, 2012
The total bond amount must be set at $2,500 or less, and the defendant must meet qualifications such as being a Kansas resident and having no prior failure to appear in court.
Conclusion
For a severity level 5 felony in Kansas, the bond amount is not predetermined but is set at the discretion of the court, taking into account various factors related to the offense and the defendant’s background. Defendants facing such charges should consult with legal counsel to understand the potential bond amount and explore options for release pending trial.
