How Much Does A Criminal Defense Lawyer Cost?

If you're facing criminal charges, you need to find and hire a criminal defense attorney. But before you hire one, you may want to know how much a criminal attorney costs. This article explains how a criminal defense attorney charges for his time.
If you truly cannot afford an attorney, you make ask that a public defender represent you. You must show proof of your financial situation. If you do not qualify for a public defender, you need to find a criminal defense lawyer to protect your rights.
Generally, criminal defense lawyers bill their clients in one of two ways: Either with an hourly fee or a flat fee. As the names suggest, one has you paying the criminal attorney for every hour worked on your case; the other has you paying a single fee.
The two billing methods work differently. Let's look at each.
Criminal Defense Lawyers Who Bill by the Hour

A criminal defense attorney who bills by the hour is likely to ask for a retainer fee. This is a large lump sum from which the attorney withdraws payment as the hours accumulate. When the retainer is exhausted, the attorney may ask you to pay another retainer or may switch you to monthly billing.
Just how much a criminal attorney may charge can vary for a variety of reasons, including:
The complexity of your case
Reputation
Experience
Location
Office overhead
You shouldn't jump to the conclusion that an attorney with higher hourly rates will cost you more. If the attorney is experienced, has connections with the prosecutor's office and a good reputation, your criminal case may be resolved more quickly, costing you less in the long run.
Criminal Defense Attorneys Who Charge a Flat Fee

If your case is fairly routine and a criminal attorney has worked hundreds of similar cases, he may charge you a flat fee. But you should be sure to ask what is included in the flat fee and what is not.
Also, flat fees are rarely refundable. This means if you decide to switch attorneys or represent yourself, you will not get your money back.
Other Legal Expenses

No matter which billing method your criminal lawyer prefers, you are likely to receive bills for other legal expenses besides your lawyer's time. This may include:
Court fees
The use of a paralegal
The use of an investigator
Photocopying
Questions to Ask

As you go about interviewing criminal lawyers, ask these questions to get a better handle on their legal fees:
If you charge an hourly fee, what is your rate? Will I need to pay a retainer fee? How much is it? What happens when it is drained?
If you charge a flat fee, what is your rate? What does it include? What doesn't it include? Is it refundable?
What other expenses am I expected to pay? How much could they total?
What forms of payments do you accept? Do you offer payment plans?
The answers to these questions will tell you exactly how much a criminal defense attorney costs.

List of punishments for murder in the United States


Federal


Civilian


OffenseMandatory sentencing
Second degree murderImprisonment for life or any other term
Second degree murder by an inmate, even escaped, serving a life sentenceDeath penalty or life imprisonment
First degree murderDeath penalty or life imprisonment


Military


OffenseMandatory sentencing
Murder under UCMJ Article 118 Clause (2) or (3)Any legal punishment (other than death) as directed by the court-martial
Murder under UCMJ Article 118 Clause (1) or (4)Death penalty or life imprisonment


District of Columbia


OffenseMandatory sentencing
Second degree murder20–40 years (parole eligibility: one-third of sentence)
Second degree murder with aggravating circumstanceBetween 20 years and life (parole eligibility: one-third of sentence, or 15 years if life sentence is imposed)
First degree murder30–60 years (parole eligibility: 30 years)
First degree murder with aggravating circumstanceBetween 30 years and life without parole (parole eligibility: 30 years if life without parole is not imposed)
Murder of a law enforcement officerLife without parole


By states


Alabama

OffenseMandatory sentencing
Murder10-99 years or Life
Capital MurderDeath or Life without parole


Alaska


OffenseMandatory sentencing
Second degree murder10–99 years
First degree murder or murder of an unborn child25–99 years
First degree murder with aggravating factor99 years


Arizona


OffenseMandatory sentencing
First degree murderDeath, Life without parole, or Life with parole after 25 years (after 35 years if victim was under 15 years old or unborn)
Second degree murderNot less than 10 years nor more than 25 years
Manslaughterimprisonment up to 12.5 years in prison for a first offense
Negligent homicideimprisonment of up to 3.75 years for a first offense


Arkansas

OffenseMandatory sentencing
Capital murderDeath or Life
First degree murder10-40 years or Life
Second degree murder6-30 years


California


OffenseMandatory sentencing
Second degree murder15 years to life
Second degree murder using a firearm from a motor vehicle20 years to life
Second degree murder by an offender previously convicted of murder15 years to life or life without parole
Second degree murder of a law enforcement officer25 years to life or life without parole in certain circumstances
First degree murder25 years to life
First degree murder constituting a hate crime or of an operator or driverLife without parole
First degree murder with special circumstanceDeath penalty or life without parole


Colorado

OffenseMandatory sentencing
Second degree murder8-24 years
First degree murderDeath or Life without parole


Connecticut

OffenseMandatory sentencing
Murder25-60 years
Murder as a capital felonyDeath or Life without parole

Florida


OffenseMandatory sentencing
Second degree murderMaximum of life in prison; Minimum of 25 years if firearm is used, otherwise 20.5 years under sentencing guidelines
First degree murderDeath penalty or life without parole


Georgia

OffenseMandatory sentencing
MurderDeath, Life without parole, or 25 years to Life


Hawaii

OffenseMandatory sentencing
First degree murderLife without the possibility of parole
Second degree murderLife with the possibility of parole


Illinois

OffenseMandatory sentencing
First Degree MurderLife without parole or 20-60 years
Second Degree Murder4-20 years


Iowa

OffenseMandatory sentencing
First degree murderLife without parole
Second degree murder50 years


Indiana


OffenseMandatory sentencing
MurderBetween 45 and 65 years
Murder with aggravating circumstancesDeath penalty or life without parole


Kansas

OffenseMandatory sentencing
Second degree murder (Intentional)12.5-54 years
Second degree murder (Unintentional)9-41 years
First degree murderLife (parole after 25 years or 50 years in aggravating circumstances)
Capital MurderDeath, Life without parole, or Life (parole after 25 or 50 years)


Louisiana

OffenseMandatory sentencing
First degree murderDeath or Life without parole
Second degree murderLife without parole


Maine


OffenseMandatory sentencing
MurderImprisonment for life or any other term not less than 25 years


Maryland

OffenseMandatory sentencing
First degree murderDeath, Life without parole, or 25 years to Life
Second degree murderNot more than 30 years

Massachusetts

OffenseMandatory sentencing
Second degree murderLife in prison with parole (after 15 years served)
First degree murderLife without parole


Michigan


OffenseMandatory sentencing
Second degree murderImprisonment for life or any other term
First degree murderLife imprisonment


Mississippi

OffenseMandatory sentencing
Capital murderDeath, Life without parole, or Life
MurderLife (no parole for at least 10 years)


Missouri

OffenseMandatory sentencing
Second degree murder10-30 years or Life without parole
First degree murderDeath or Life without parole


Nebraska

OffenseMandatory sentencing
Second degree murderLife or not less than 20 years
First degree murderDeath or Life (No parole for first degree murder)


Nevada

OffenseMandatory sentencing
First degree murderDeath, Life without parole, or 20 years to Life
Second degree murder10 years to Life


New Hampshire


OffenseMandatory sentencing
Second degree murderImprisonment for life or any other term
First degree murderLife without parole
Capital murderDeath penalty or life without parole


New Jersey

OffenseMandatory sentencing
Second degree murderImprisonment for any term
First degree murder30 years to life
First degree murder with aggravating circumstanceLife without parole

New Mexico

OffenseMandatory sentencing
Second degree murderImprisonment for life or for any other term
First degree murder30 years to life
First degree murder with aggravating factors committed on or after July 1, 2009Life without parole
First degree murder with aggravating factors prior to July 1, 200930 years to life


New York


OffenseMandatory sentencing
Second degree murder15–25 years to life
Second degree murder of a child in course of sexual offenseLife without parole
First degree murder20–25 years to life or life without parole
Aggravated murderLife without parole


North Dakota

OffenseMandatory sentencing
MurderLife without parole or Life with parole possible after 30 years


Ohio

OffenseMandatory sentencing
Aggravated murderDeath, Life without parole, Life with parole possible after 20, 25, or 30 years
Murder15 years to Life

Oklahoma

OffenseMandatory sentencing
Second degree murderLife or not less than 10 years
First degree murderDeath, Life without parole, or Life


Oregon

OffenseMandatory sentencing
MurderLife
Aggravated MurderDeath, Life without Parole, or Life


Pennsylvania

OffenseMandatory sentencing
First degree murderDeath or Life without parole
Second degree murderLife without parole
Third degree murder5-40 years in prison


Rhode Island


OffenseMandatory sentencing
Second degree murderBetween 10 years and 20 years to life
Second degree murder of a kidnapped person under the age of 18Between 10 years and life without parole
First degree murder20 years to life
First degree murder with aggravating factor20 years to life or life without parole


South Carolina

OffenseMandatory sentencing
MurderDeath, Life without parole, or not less than 30 years in prison


South Dakota

OffenseMandatory sentencing
Second degree murderLife without parole
First Degree murderDeath or Life without parole


Texas


OffenseMandatory sentencing
Murder with extenuating circumstancesBetween 2 and 20 years
Murder without extenuating circumstancesBetween 5 years and life imprisonment
Capital murderDeath penalty or life without parole


Utah

OffenseMandatory sentencing
Aggravated murderDeath, Life without parole, or 25 years to Life
Murder15 years to Life


Vermont


OffenseMandatory sentencing
Second degree murder if mitigating factors outweigh any aggravating factors10–19 years to life
Second degree murder20 years to life
Second degree murder if aggravating factors outweigh any mitigating factorsBetween 20 years to life and life without parole
First degree murder if mitigating factors outweigh any aggravating factors15–34 years to life
First degree murder35 years to life
First degree murder if aggravating factors outweigh any mitigating factorsBetween 35 years to life and life without parole
Aggravated murderLife without parole


Virginia

OffenseMandatory sentencing
Second degree murderLIFE
Second degree murder of a pregnant woman10–40 years
First degree murderBetween 20 years and life imprisonment (parole eligibility for life sentence: 15 years, 25 years if the victim was under the age of 18)
Capital murderDeath penalty or life without parole


West Virginia

OffenseMandatory sentencing
Second degree murder10–40 years
First degree murderLife imprisonment


Wisconsin

OffenseMandatory sentencing
Second degree intentional homicideNo more than 60 years
First degree intentional homicideBetween 20 years to life and life without parole


Wyoming

Second degree murderNo less than 20 years
First degree murderDeath penalty or life imprisonment without parole