How Much Does a Criminal Defense Lawyer Cost?

Criminal defense pricing varies more than almost any other legal service. A simple misdemeanor might cost around a thousand dollars or a few thousand; a serious felony that goes to trial can cost tens of thousands or more. Here's what drives the number.

How defense lawyers bill

Flat fee. The most common model for criminal cases. You pay a set amount, sometimes per stage: one fee through plea negotiations, an additional fee if the case goes to trial. It's predictable, but read exactly what's included.
Hourly. More common in complex or white-collar cases. You pay a retainer up front and the lawyer bills against it.
Contingency fees are not allowed in criminal defense.

What drives the price

The charge. Felonies cost more than misdemeanors; violent, sex and federal charges cost the most.
Trial vs. plea. Trial preparation and days in court are the biggest single cost.
Evidence and experts. Cases with forensic evidence, lab testing, accident reconstruction or digital evidence may need experts.
Your record. Prior convictions raise the stakes and often the work.
Location and the lawyer's experience. Big-city and highly experienced lawyers charge more.
Federal court, which is generally more complex and expensive than state court.

What's often not included

Ask about: expert witness and investigator fees, appeals, post-conviction work, related proceedings such as a separate DUI license hearing, and court costs, fines and program fees, which are separate from the lawyer's fee entirely.

Questions to ask before you pay

Is this a flat fee or hourly? What exactly does it cover?
Is there an additional fee if we go to trial?
Who will handle my case and appear in court?
Do you offer a payment plan?
Is any part of the retainer refundable if the case ends early?

Get the agreement in writing.

Can't afford a lawyer?

If you face possible jail time and can't afford counsel, ask the court for a public defender. See public defender vs. private attorney. Many private lawyers also offer free consultations and payment plans.

Find a criminal defense attorney near you. Related: what happens after an arrest.

This guide is general information, not legal advice. Prices vary widely by location and case.