A private criminal defense lawyer typically costs $2,000–$5,000 for a misdemeanor and $5,000–$25,000 or more for a felony, usually as a flat fee paid upfront; the national average hourly rate for criminal lawyers is $216. Trials and federal cases cost more, and if you can't afford a lawyer you have a right to a court-appointed one (Clio, LegalMatch, Nolo and Washington State Office of Public Defense data, as of October 2026).
Updated October 10, 2026. Source: Clio + 13 more. National US figures; your state and case will differ.
This guide explains how criminal lawyers charge, typical fees by type of charge, the costs that come on top of the lawyer's fee and what to do if you can't pay. Every case is different, and nothing here predicts the outcome of yours. For fees in other practice areas, see how much a lawyer costs.
Typical fees at a glance
Typical private-attorney fees in state court, compiled from fee surveys and consumer-legal publishers dated 2020–2026.
| Fee arrangement or scenario | Typical cost | When it applies |
|---|---|---|
| Flat fee, misdemeanor (plea or dismissal) | $2,000–$5,000 | Most low-level charges; LegalMatch's typical range |
| Flat fee, felony | $5,000–$25,000+ | Higher for serious violent, sex or drug-distribution charges |
| Hourly rate | $150–$391 per hour (average $216) | Thumbtack's common range; Clio's 2025 national criminal-law average |
| Retainer (upfront deposit) | Often 20 hours or more of time | Nolo's example: $4,000 at $200/hour; billed down as work is done |
| Trial | About $2,700 extra (misdemeanor) or $1,000 per trial day | Washington survey average; Nolo's felony example |
| Federal case | $20,000–$75,000+ | More discovery, longer timelines; see federal page below |
| Contingency fee | Not allowed | Ethics rules bar contingency fees in criminal defense |
| Public defender / appointed counsel | Free or low cost if you qualify | Based on financial need; some places charge a small application fee |
Typical lawyer fees by type of charge
Averages and ranges for private counsel in one case with one defendant. The Washington figures are statewide averages from a 2020 survey of private defense attorneys and exclude investigators and experts.
| Charge | Typical private lawyer fee | Read more |
|---|---|---|
| Misdemeanor (theft, simple assault, trespass) | $2,000–$5,000; Washington average $2,800 | misdemeanor lawyer cost |
| DUI / DWI (first offense) | $2,000–$5,000; Washington average $3,500 | DUI lawyer cost |
| Domestic violence | Misdemeanor average $3,400; felony average $7,500 (Washington) | domestic violence lawyer cost |
| Felony (drug, theft, assault) | $6,000–$17,600 typical; $10,200–$38,200 with trial (Washington averages) | felony defense attorney cost |
| Federal charges | $25,000–$75,000 for a moderate case resolved before trial | federal criminal defense lawyer cost |
| Expungement (after the case) | $400–$4,500 plus a court filing fee | expungement lawyer cost |
| Pardon application | $5,000–$15,000 for a standard application | pardon lawyer cost |
Private lawyer vs. public defender
| Private criminal lawyer | Public defender / appointed counsel | |
|---|---|---|
| Cost to you | $2,000 to $25,000+ depending on the charge | Free or low cost if you qualify financially |
| Who qualifies | Anyone | People the court finds unable to afford a lawyer |
| Choice of lawyer | You choose | Assigned by the court or defender office |
| Federal version | Private federal defense counsel | Federal Defender or CJA panel attorney, paid by the court at $177/hour in 2026 |
Cost breakdown: a state criminal case, from misdemeanor to mid-level felony
Line-item estimate. National figures as of October 10, 2026; your state and court can differ.
| Cost item | Typical range | What it covers |
|---|---|---|
| Attorney fee through plea or dismissal | $2,000–$17,600 | Misdemeanor flat fees up to typical felony averages |
| Extra fee if the case goes to trial | $0–$5,000 | Thumbtack attorneys cite about $2,500 (misdemeanor) to $5,000+ (felony) |
| Record clearing later (court filing fee) | $0–$300 | Varies by state; e.g. Utah $135, Kentucky up to $300 |
| Estimated total | $2,000–$23,000 | Before any fee waiver or award of fees |
Fines, court costs, restitution and bail are set by the court and statute, not by your lawyer, so they are not included here. Investigators and expert witnesses are usually billed separately.
What changes the price
- Severity of the charge. Felonies cost more because more is at stake and there is more work. In Washington's survey, a typical Class C felony averaged $6,000 versus $17,600 for other Class A felonies.
- Plea vs. trial. Most cases end without a trial. If yours goes to trial, expect a separate trial fee: Washington lawyers reported about $2,700 extra for misdemeanors, and felony averages roughly double with a trial.
- State vs. federal court. Federal cases involve more discovery and complex sentencing rules. A moderate federal case resolved before trial commonly costs $25,000–$75,000.
- Location. LegalMatch notes a small-town solo lawyer might bill $150 an hour while a Manhattan litigator can top $700. Clio's 2025 national average for criminal lawyers is $216/hour.
- Lawyer experience. Former prosecutors and board-certified criminal specialists usually charge at the top of the local range.
- Investigators and experts. Forensic, medical or digital experts and private investigators are billed on top of the lawyer's fee, and they can add thousands in serious cases.
How to save without sacrificing quality
- If money is tight, ask about a public defender at your first court appearance. Eligibility is based on income and assets.
- Use free consultations to compare two or three lawyers, and ask each for a written quote that says exactly what the fee covers.
- Ask for a flat fee in predictable cases, and ask for an hourly estimate with regular statements in complex ones.
- Ask about payment plans. Lawyers usually want most of the fee upfront (over 70% of Washington attorneys surveyed required at least half in advance), but staged payments are often possible.
- Bring charging papers, bail documents and court dates to the first meeting so you don't pay for time spent gathering basics.
Related questions people ask
How much does a criminal defense attorney cost on average?
Clio's 2025 data puts the average criminal lawyer at $216 per hour. As a total, a realistic middle ground is $2,000–$5,000 for a misdemeanor and $5,000–$25,000 for a felony.
Is a criminal defense lawyer different from a criminal lawyer or attorney?
No. "Criminal lawyer," "criminal defense attorney" and "criminal defence lawyer" (British spelling) describe the same job in the US, and the price depends on the charge, the court and the lawyer, not the title.
How much does a lawyer cost for criminal defense if I can't afford one?
If the court finds you can't afford counsel, it appoints a public defender or private lawyer at little or no cost. Some jurisdictions charge an application fee or ask for partial repayment later; rules vary by state.
What to get in writing: the fee agreement
Before you pay anything, ask for a written fee agreement (engagement letter) that spells out:
- Fee type and amount: flat fee, hourly rate or a mix, and the rate for each person who works on the case.
- What's included: arraignment, pretrial hearings, motions, plea talks and whether trial is covered or billed separately.
- Retainer terms: how much is due upfront, how it's billed down and when you'll be asked to add more.
- Expenses: investigators, experts, transcripts, copies and subpoenas, and whether they need your approval first.
- Refunds: what happens to unused money if the case ends early. Nolo notes many lawyers don't refund flat fees.
- Payment schedule: any payment plan and what happens if a payment is missed.
FAQ
Can a criminal lawyer charge a percentage if I win?
No. Contingency fees are not allowed in criminal defense under the ABA Model Rules (Rule 1.5(d)) and state ethics rules. Percentage fees belong to civil cases, as explained in our contingency fee guide.
Do I get money back if the charges are dropped?
It depends on the agreement. Unused hourly retainer funds are generally refundable, but flat fees may be treated as earned early. Read the refund clause before you pay.
Is a public defender a real lawyer?
Yes. Public defenders are licensed attorneys, and many handle criminal cases full time. The trade-off is caseload: they may have less time per client, and you usually can't choose who is assigned.
Where to get help
- If you can't afford a lawyer and could face jail time, you have a constitutional right to a court-appointed lawyer (a public defender or appointed private attorney). Ask the court at your first appearance.
- Federal charges: the court can appoint a Federal Defender or a CJA panel attorney if you qualify financially.
- State bar lawyer referral services can connect you with a local criminal lawyer, often with a low-cost first consultation.
More Criminal & DUI guides
Related fee guides
Sources
- Clio — How Much Should I Charge as a Lawyer? (Legal Trends Report rate data) (2025 data, updated Mar 2026). Checked October 10, 2026.
- LegalMatch — How Much Does a Criminal Lawyer Cost? (updated Jun 23, 2025). Checked October 10, 2026.
- Nolo — Paying a Private Criminal Defense Attorney (updated Mar 31, 2022). Checked October 10, 2026.
- Thumbtack — How much are criminal defense attorney fees? (accessed Oct 2026). Checked October 10, 2026.
- Washington State Office of Public Defense — Private Representation Costs – Misdemeanors (2020 survey of private defense attorneys) (survey Spring 2020). Checked October 10, 2026.
- Washington State Office of Public Defense — Private Representation Costs – Felonies (2020 survey of private defense attorneys) (survey Spring 2020). Checked October 10, 2026.
- Thumbtack — Domestic violence lawyer cost (accessed Oct 2026). Checked October 10, 2026.
- Spodek Law Group (New York law firm) — How Much Does a Federal Criminal Defense Attorney Cost? (Mar 24, 2026). Checked October 10, 2026.
- US Court of Appeals for the First Circuit — January 2026 CJA Rate Increase (effective Jan 1, 2026). Checked October 10, 2026.
- United States Courts — Criminal Justice Act: Protecting the Right to Counsel for 60 Years (Aug 15, 2024). Checked October 10, 2026.
- ThePricer — How Much Does an Expungement Cost? (reviewed Jan 2026). Checked October 10, 2026.
- LegalClarity — How Much Does a Clemency Lawyer Cost? (updated May 20, 2026). Checked October 10, 2026.
- Murray City Justice Court (Utah) — Expungement Information & Instructions (accessed Oct 2026). Checked October 10, 2026.
- AppalReD Legal Aid / Kentucky AOC forms — Kentucky Expungement Self-Help Packet (packet posted Jul 2026). Checked October 10, 2026.
Fee figures are estimates and vary by state, lawyer and case. See our methodology and editorial policy. Browse all criminal & dui fee guides.