How much does a criminal defense lawyer cost?
How much does a criminal defense lawyer cost?
$200 – $500 average cost per hour
Average criminal defense lawyer cost
A criminal defense lawyer costs $200 to $500 per hour on average, depending on the case type and location. Some criminal defense attorneys charge a flat rate of $1,500 to $30,000 or more instead of an hourly rate. Legal aid for misdemeanors usually costs much less than for felonies or federal cases.
A criminal defense lawyer assists clients who have been arrested or accused of a crime. If you or someone you know is implicated in a criminal case, you'll need legal aid.
| Fee type | Average cost |
|---|---|
| Hourly rate | $200 – $500 per hour |
| Flat rate | $1,500 – $30,000+ |
| Retainer fee | $2,000 – $10,000+ |
Hourly rate
Criminal defense attorneys usually charge $200 to $500 per hour, depending on their experience level and the nature of your case. For this fee structure, your lawyer will track any time spent on your case in 6-minute increments when they're working (1/10 of their hourly rate).
Flat fee
Some criminal defense lawyers charge a flat fee for straightforward cases, anywhere from $1,500 to $30,000 or more. Even if your lawyer spends more time than anticipated on your case, the flat fee will stay the same. Fees are lowest for misdemeanor cases and highest for federal and homicide cases.
Retainer fee
Many criminal defense lawyers charge retainer fees of $2,000 to $10,000+, even if they use an hourly fee. The retainer fee, or down payment, is similar to a flat fee but is based on their hourly rate and how much time they expect to work on your case.
For example, if their hourly rate is $200 per hour and they expect to work 20 hours on your case, the retainer fee will be $4,000. If your lawyer goes over the retainer, they'll charge you more on top of it.
If you can't afford a lawyer, the court will appoint you a public defender at no cost.
Criminal defense lawyer cost by case type
Your costs will depend mostly on the crime you're charged with. Misdemeanors are lesser crimes that often have a sentence of 1 to 2 years in jail. Felonies are more serious and result in much more jail time if you're convicted.
| Case type | Average cost | Examples |
|---|---|---|
| Misdemeanors | $1,500 – $8,000 | Assault, DUI, drug possession |
| Felonies | $5,000 – $20,000 | Burglary, aggravated assault, drug trafficking |
| Federal cases | $10,000 – $30,000+ | White-collar crimes, drug sales across state lines |
| Homicide | $20,000 – $1 million+ | Murder, voluntary or involuntary manslaughter |
Cases
There are many different cases that a criminal defense lawyer can help with. Some of the most common cases include the following:
Assault
Destruction of property
Domestic violence
Driving while intoxicated
Drug possession or sale
Sex offenses or prostitution
Theft
Violent crimes
Criminal defense attorney cost factors
The following factors influence the cost to hire a criminal defense lawyer:
Location: Most attorneys charge more if they're located in highly populated or affluent areas.
Experience level: Lawyers with more experience or a higher success rate usually charge more than average.
Record: If this is your first offense, you're more likely to get a more lenient sentence, especially if there was no harm involved. This may make your case simpler, requiring less of the attorney's time and resulting in lower fees.
Evidence: Your case may go more smoothly and cost less if there's solid evidence for your defense or if you have character witnesses that could help lessen your sentence.
Trial: If your lawyer is able to arrange a plea deal, you'll spend less time and money on the case. If it goes to trial, the case will take longer and cost more.
Other expenses: Your lawyer may charge extra for services like filing fees, travel, expert witnesses, or hiring paralegals. They may also charge post-conviction fees for things like removing bench warrants or getting your record expunged.
Criminal defense attorneys vs. other legal fields
If your case involves other factors like domestic violence, an auto accident, or a DUI charge, you may want to hire a lawyer with expertise in that particular field. The following table shows the average rates for different types of attorneys:
| Lawyer type | Average cost |
|---|---|
| DUI lawyer cost | $200 – $500 per hour |
| Domestic violence lawyer cost | $250 – $450 per hour |
| Car accident lawyer cost | 30% – 40% contingency fee |
| Personal injury lawyer | 30% – 40% contingency fee |
Criminal defense lawyer FAQs
Can a criminal defense attorney ask if you are guilty?
Criminal defense attorneys fight for their clients regardless of guilt or their personal views. They generally do not ask whether you're guilty of the crime you're accused of. However, if you confess to your lawyer, they won't allow you to testify in court and offer a false testimony.
What does a criminal defense lawyer do?
A criminal defense lawyer advocates on behalf of someone accused of a crime. They represent you in court, negotiate plea deals and settlements, and arrange witnesses. This helps alleviate stress and typically leads to a better outcome for the accused.
Why would you need a criminal defense attorney?
You need a criminal defense attorney if you've been arrested or accused of a crime, whether it's a minor misdemeanor or a serious felony charge. This could include accusations of:
DUI
Theft
Assault
Domestic violence
Murder or manslaughter
Drug possession or trafficking
Getting estimates from criminal defense lawyers
When searching for criminal defense lawyers near you, follow these important steps:
Read reviews on Lawful and Google.
Compare rates from local firms.
Ask if they passed the bar exam, which means they can legally represent you in court.
Choose a lawyer who makes you feel confident in your abilities.
Ask for an estimate and contract in writing before you start.
Questions to ask criminal defense lawyers
Ask these important questions to find a reliable, experienced attorney:
How much experience have you had with cases like mine?
When did you pass the bar?
Will you charge me for a consultation?
Will you take on my case now?
What if I don't have any evidence I'm innocent?
How long do you think the case will take?
Do you think this will go to trial?
How likely are you to be able to negotiate a plea deal?
Do you charge a flat fee or hourly rate?
Will I have to pay a retainer fee? How much will that be?
Will you have to hire any expert witnesses or paralegal aid?
Can I have a contract in writing before we start?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.