More than 50 million criminal cases pass through American courts each year. In nearly all these cases, the defendants are represented by criminal defense attorneys. These attorneys play a key role in protecting individuals accused of crimes.
One of the first questions many people ask when charged with criminal activity is “how much does a criminal defense lawyer cost?” If you or a loved one has been accused of a crime, here’s what you to know about affording an attorney.
How Much Does a Criminal Defense Lawyer Charge?
How much a lawyer charges depends in large part on how they handle their billing. Most criminal defense lawyers use one of two different billing methods.
Flat Fees
Some lawyers use a flat fee system. They charge a set amount for their services based on the charges against you. For instance, they may have a set rate of $2,500 to handle first-degree misdemeanor cases.
The more severe the charges, the higher the fee. So, for example, the same lawyer might charge $5,000 for a third-degree felony case. These rates are based on the average number of hours of work each type of case requires.
Flat fees can work in clients’ best interests. Clients know upfront what their costs will be which makes it easier to arrange payment.
Lawyers may also “eat” some or all of the actual costs above and beyond their flat fee. This can save clients money if they have an unexpectedly complicated or time-consuming case.
Clients should ask questions before agreeing to flat fees, however. Flat fees are often not refundable. This means that if you decide to switch lawyers or your charges are dropped you are not entitled to a refund.
Hourly Rates
Instead of flat fees, some lawyers charge by the hour. In this scenario, you will pay for only the time your lawyer actually spends on your case.
If you have a short and simple case, this can work to your benefit. If your case is more serious or complex, it can lead to hefty bills.
How your lawyer tracks their time matters, as well. Some lawyers track time in very small increments such as six minutes. Others use larger segments of time such as 15 minutes. Smaller billing increments usually mean a lower total criminal lawyer cost for you.
Other Expenses
Other expenses also need to be accounted for when calculating “how much is a criminal defense lawyer going to cost me?” “Other expenses” cover all costs that are not covered by your lawyer’s flat fee or hourly rate. This can include:
- Expert witness fees
- Travel expenses
- Private investigator and paralegal time
- Photocopies
- Court and filing fees
These extra costs can vary widely from state to state. The more complicated your case, the higher these costs tend to be.
Factors That Influence Cost
There is no single scale or schedule for criminal defense lawyer fees. This is because the actual costs of handling a case are influenced by so many different factors. Understanding these factors, however, can give you a good idea of what price ranges to expect.
Geographic Location
The higher the cost of living in your area, the higher criminal lawyer fees are likely to be. Similarly, lawyers in large cities tend to charge more than those serving smaller rural populations.
The Severity of the Charges
The more severe the crimes you are accused of, the more work your lawyer will need to do to defend you. Thus, the more severe the charges the more you can expect to pay.
Your Criminal History
Defendants with an existing criminal history often face higher criminal lawyer fees than defendants with a clean record. This is true in all cases, but particularly when one’s record is long or contains convictions for serious crimes. This is because existing criminal records make it much harder for lawyers to convince courts and juries of a client’s innocence or worthiness of reduced charges or sentences.
Attorney Experience
The more experienced and well-connected your attorney, the more you can expect to pay. In most cases, it does not pay to choose cheaper attorneys to save money. More capable lawyers charge more and you will get the best defense by choosing an experienced and well-prepared attorney.
Average Criminal Lawyer Cost
With all of those factors in mind, here are some general criminal lawyer cost ranges. While each case will be unique, these figures can serve as a starting point for anticipating legal costs.
- Second-Degree Misdemeanors: $1,500 to $5,000
- First-Degree Misdemeanors: $2,000 to $5,000
- Third-Degree Felonies: $3,500 to $10,000
- Second-Degree Felonies: $5,000 to $25,000
- First-degree Felonies: $10,000 to $100,000
Hourly rates tend to range from $100 to $300. The national average cost for a non-serious and uncomplicated case is between $3,500 and $4,500.
Attorneys may require you to pay a retainer fee. Retainers can be the entire flat fee for your case. If paying by hour, they may represent a minimum number of hours that the lawyer requires to get started working on your case.
Most quality attornies such as those at Fighter Law offer free consultations to new clients. These consultations can be a great opportunity to get a strong understanding of:
- Your case
- What type and level of representation you need
- What cost range you can expect
Do You Need a Lawyer?
Defendants can sometimes be tempted to represent themselves in court. This is never a good idea. America’s legal is complex.
Defendants simply are not equipped to effectively navigate the system alone. Trying to do so can result in mistakes that cost them dearly. In many cases, judges will require a defendant to confer with or secure a lawyer before their case can go to trial.
Public Defenders
Legally, every defendant is entitled to representation. What many people do not realize is that there are hard legal guidelines that determine who qualifies for a court-appointed and court-funded lawyer and who does not. These rules vary by state.
If you do not meet your state’s requirements, you must provide your own lawyer.
How Much Does a Criminal Defense Lawyer Cost?
How much does a criminal defense lawyer cost? The exact amount will vary by client, location, charge, and other factors. What is consistently true, however, is that a good lawyer is worth every penny.
If you’re in need of legal counsel, check out our other great articles on finding and working with the best lawyers today.
