Criminal Defense Costs
How Much Does a Criminal Defense Lawyer Cost?
First-time misdemeanor: $1,500–$5,000. First-time DUI: $2,500–$7,500. Standard felony: $7,500–$25,000. Serious felony or federal case: $25,000–$250,000+. The variable that matters most isn't the charge name — it's whether the case is going to trial and how much investigation and motion practice the defense requires.
The Short Answer
Misdemeanors typically run $1,500–$5,000 flat. DUIs $2,500–$7,500. Felonies $7,500–$50,000+ depending on severity and trial expectation. Federal cases start at $25,000 and run to $250,000+. Public defenders are free if you qualify (typically below 125–200% of federal poverty) but carry caseloads of 80–200 active cases. Private flat fees usually beat hourly billing for predictable cases.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
How criminal defense lawyers bill
Flat fee (most common for misdemeanors). The lawyer quotes one number for the entire case through resolution. Includes pretrial work, motion practice, plea negotiation, and routine court appearances.
Tiered flat fee. Pretrial fee + trial fee. The pretrial fee covers everything up to the trial-or-plea decision; trial fee kicks in only if the case proceeds to trial. Common for felonies.
Hourly with retainer. Common for federal cases and complex white-collar matters. Rates: $300 (associates) to $1,000+ (top federal-defense lawyers in major cities).
Phase-based fees. Investigation phase + motion phase + trial phase, each with its own flat fee. Used by some firms for budgeting clarity.
Public defender. Court-appointed if you qualify financially. No fee but you don't get to choose the lawyer.
Note: contingency fees are not allowed in criminal defense in any state. A lawyer who offers "no fee unless I win" on a criminal case is breaking ethics rules.
Cost by charge type
Misdemeanor (first offense, no aggravating factors): $1,500–$5,000 flat fee. Includes negotiations, motion practice, court appearances through resolution.
DUI / DUII (first offense): $2,500–$7,500 flat. Includes the DMV/DHSMV administrative hearing, motion to suppress, plea negotiation, court appearances.
DUI with priors / felony DUI: $7,500–$25,000.
Drug possession (misdemeanor): $2,000–$5,000.
Drug distribution / trafficking (felony): $10,000–$50,000.
Assault (misdemeanor): $2,500–$7,500. (Felony assault): $10,000–$40,000.
Domestic violence (misdemeanor): $3,500–$10,000. Often complicated by parallel civil-protection-order matters.
White-collar / fraud / embezzlement (state): $15,000–$75,000.
Sex offenses: $15,000–$100,000+ depending on charge severity.
Homicide / manslaughter: $25,000–$250,000+.
Federal cases: $25,000–$250,000+. Federal cases routinely involve grand jury practice, multi-month investigations, complex pretrial motions, and extensive discovery review.
What drives the bill up
Trial. Adds $5,000–$50,000+ to the case. Trial preparation, expert witnesses, jury research, and in-court time all multiply costs.
Aggressive motion practice. Suppression hearings, Franks hearings, dismissal motions — each is hours of lawyer time and may require expert witnesses.
Co-defendants. Multiple defendants = coordinated defense, joint motions, separate counsel. Costs multiply.
Federal exposure. Federal cases carry sentencing-guidelines analysis, pretrial detention hearings, and longer discovery review than equivalent state cases.
Multi-jurisdictional charges. State + federal, or multiple states, requires coordinated representation.
Allegations involving children, sex, or violence. The case becomes more emotionally and procedurally complex; experts are often needed.
Mental health or competency issues. Competency evaluations, NGRI defenses, and diminished-capacity arguments all add expert and procedural cost.
Forfeiture parallel proceedings. Civil asset forfeiture often runs alongside criminal cases and requires its own representation.
Public defender vs. private counsel
Public defenders are constitutionally guaranteed if you cannot afford counsel. Eligibility is typically below 125–200% of federal poverty (varies by state). The cost to you: $0 (sometimes a small "PD application fee" of $25–$100).
Public defenders are real lawyers with real trial experience. Many handle more trials per year than private lawyers because their offices specialize in criminal defense.
But: public defender caseloads are typically 80–200 active cases per attorney. American Bar Association standards recommend no more than 150 felonies or 400 misdemeanors per year per attorney. Most PD offices exceed those limits.
What that means in practice: less time per case. Brief client meetings. Standardized plea offers accepted more often than challenged. Less investigation. Less motion practice.
When public defenders are great: you have a strong case, the trial is the right move, and the PD is one of the experienced ones. When they're not enough: complex cases needing investigation, white-collar cases, or cases where motion practice is the right strategy.
If you don't qualify for a PD but can't afford a private lawyer: ask the court about "reduced-fee panel" attorneys or apply to legal aid. Many bar associations have lawyer-referral services with reduced rates.
What's included in a typical flat fee
Initial consultation (usually free).
Investigation — review of police report, body-cam, dash-cam, witness statements.
Motion practice — typical motions to suppress, dismiss, in limine.
Plea negotiation with prosecutor.
Court appearances through resolution: arraignment, pretrial conferences, plea hearing, sentencing.
Sentencing advocacy if a plea or conviction.
What's typically NOT included (charged extra):
Trial — usually a separate fee triggered if the case proceeds.
Appeals — separate engagement; trial counsel may or may not handle appeals.
Ancillary proceedings — DMV/DHSMV administrative hearings (often included in DUI flat fees), probation violations, expungement filings.
Expert witnesses — paid separately.
Investigators — paid separately.
Out-of-county travel.
How to evaluate criminal defense fees
Get the fee in writing before you sign. Verbal quotes are unenforceable.
Ask exactly what's included. "Through trial" means different things to different lawyers.
Ask about the trial-fee trigger. At what point does the trial fee kick in? Is jury selection included or extra?
Ask about expert and investigator fees. Are they included in the flat or separate?
Ask about appearances. Are unlimited court appearances included or capped?
Compare across at least two lawyers. Most criminal defense lawyers offer free initial consultations.
Don't shop on price alone. The lowest-bidder criminal lawyer is often the one who pleads everything out without investigation. The cost of a bad criminal outcome is permanent record + insurance + employment + immigration consequences. The fee is small compared to the conviction's lifetime cost.
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Frequently asked questions
Is a public defender as good as a private lawyer?
Sometimes better, sometimes worse. Many public defenders are excellent trial lawyers; their caseloads limit time per case. Private lawyers vary widely. The right comparison is the specific lawyer's experience with cases like yours.
Can I negotiate a flat fee?
Sometimes. Lower-volume firms have less flexibility; high-volume DUI firms often have a published rate they don't negotiate. Felony cases with strong defenses are often negotiable.
What if I run out of money mid-case?
Most lawyers will continue representing you with a payment plan; some withdraw with court permission. The withdrawal process can leave you with a public defender. Don't sign a flat-fee agreement you can't fully fund.
Can the court appoint a lawyer if I can afford one but barely?
Some courts have "partial indigent" programs that appoint counsel with the client paying a portion. Ask the court.
Are flat fees refundable if my case dismisses early?
Depends on the engagement letter. "Earned on receipt" fees are not refundable; some firms offer pro-rated refunds for early dismissal. Read the agreement.
Can I switch lawyers mid-case?
Yes, with court permission (which is routinely granted). The fee gets sorted between firms. Don't stay with a lawyer you don't trust because of money already paid.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team