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How Much Does a Criminal Lawyer Cost? 2026 Fees by Charge Type

Criminal lawyers charge $1,500-$10,000 for misdemeanors and $5,000-$100,000+ for felonies. Flat fees are common for simple charges. Here's the breakdown by charge type and what affects cost.

By Dennis ArakelyanPublished October 17, 20264 min read

Short answer: Criminal lawyers charge $1,500 to $5,000 for most misdemeanors, $5,000 to $25,000 for felonies, and $25,000 to $100,000+ for serious felonies going to trial. Most criminal lawyers charge flat fees for simple cases and hourly or retainer for complex ones.

Criminal lawyer cost by charge type

ChargeCost rangeFee structure
Traffic violations$500-$1,500Flat fee
Simple misdemeanor$1,500-$3,500Flat fee
DUI/DWI (first offense)$1,500-$5,000Flat fee
DUI (second/third)$3,000-$10,000Flat fee
Drug possession$2,000-$5,000Flat fee
Theft/shoplifting$1,500-$5,000Flat fee
Assault (misdemeanor)$2,000-$5,000Flat fee
Domestic violence$3,000-$10,000Flat or retainer
Drug trafficking$10,000-$50,000Retainer
Assault (felony)$10,000-$30,000Retainer
Sex crimes$15,000-$75,000Retainer
Murder/homicide$50,000-$250,000+Retainer
Federal crimes$25,000-$100,000+Retainer

What affects criminal lawyer cost?

  1. Charge severity: Felonies cost more than misdemeanors. More serious felonies cost more.

  2. Trial vs. plea: 90%+ of criminal cases end in pleas. Cases going to trial cost significantly more.

  3. Complexity: Multiple charges, co-defendants, or extensive evidence increase cost.

  4. Location: Lawyers in major metros charge more than rural areas.

  5. Lawyer experience: Former prosecutors and experienced trial lawyers charge premium rates.

Flat fee vs. retainer

Flat fee: One price covers everything through resolution. Common for:

  • DUI/DWI
  • Simple misdemeanors
  • Drug possession
  • Traffic cases

Retainer: Upfront deposit drawn down hourly. Replenished when low. Common for:

  • Felonies
  • Cases likely to go to trial
  • Complex cases with extensive discovery

Ask exactly what's included in any flat fee. Trial, motions and appeals often cost extra.

What does a criminal lawyer do?

  • Review police reports and evidence
  • File motions to suppress evidence
  • Negotiate with prosecutors for reduced charges or dismissal
  • Represent you at all court appearances
  • Prepare and conduct trial if needed
  • Advise on plea offers
  • Handle sentencing arguments
  • File appeals if convicted

Is a criminal lawyer worth it?

Always hire for:

  • Any felony charge
  • DUI with prior offenses
  • Charges that could affect immigration status
  • Professional license implications
  • Cases where jail time is possible

Consider carefully:

  • Minor first-offense misdemeanors
  • Traffic tickets (sometimes)
  • Cases with strong evidence against you (lawyer can still help with plea)

Public defenders vs. private attorneys

If you can't afford a lawyer, you have a right to a public defender. Considerations:

FactorPublic defenderPrivate attorney
CostFree$1,500-$100,000+
CaseloadOften heavyTypically lighter
ChoiceAssigned to youYou choose
TimeLimitedMore availability
QualityOften excellentVaries widely

Many public defenders are skilled lawyers. The main issue is caseload limiting time per case.

How to pay for a criminal lawyer

  1. Payment plans: Many lawyers offer them
  2. Credit cards: Some accept
  3. Family help: Common for serious charges
  4. Bail money: If not needed, can pay lawyer
  5. Assets: Property, vehicles, savings
  6. Loans: Personal or home equity

Questions to ask before hiring

  1. How many cases like mine have you handled?
  2. What's your trial experience?
  3. Is the fee flat or hourly?
  4. What's NOT included in the fee?
  5. Who will actually handle my case?
  6. What's the likely outcome?
  7. Do you offer payment plans?

The bottom line

Criminal lawyers cost $1,500-$5,000 for misdemeanors and $5,000-$50,000+ for felonies. The stakes in criminal cases (your freedom, your record, your future) make professional representation worth the cost in most situations. If you truly can't afford it, public defenders provide constitutionally guaranteed representation.

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