If you are facing a criminal charge, cost is probably one of the first things on your mind. Here is a straightforward answer: a criminal defense attorney can cost anywhere from about $1,500 for a simple misdemeanor to $50,000 or more for a serious felony. Hourly rates typically run between $150 and $750, depending on where you live and how experienced the attorney is.
That is a wide range, so this article breaks down exactly what drives the price, what a retainer actually means, and what other costs can show up along the way.
The Two Ways Attorneys Charge
Most criminal defense attorneys use one of two billing methods.
Flat fee- You pay one set price to handle the case from start to finish, or through a specific stage like the pretrial phase. This is common for simpler misdemeanor cases because the attorney can predict roughly how much work is involved.
Hourly rate- You pay for the actual time the attorney spends on your case: meetings, phone calls, court appearances, and paperwork. This is more common for complex felony cases, where nobody can predict in advance how long the case will take.
Example- Say two people are both charged with a first-time misdemeanor DUI. One hires an attorney who charges a flat fee of $3,000 for the whole case. The other hires an attorney who charges $300 an hour. If that second case takes 15 hours of work, the bill comes to $4,500. If it settles quickly in 8 hours, the bill comes to $2,400. The flat fee is predictable. The hourly rate can end up cheaper or more expensive, depending on how the case actually goes.
Typical Cost by Type of Charge
These are general ranges. Your actual cost depends on your specific case and location.
| Type of charge | Typical cost range | What pushes it to the high end |
| Simple misdemeanor (first offense) | $1,500 to $6,000 | The case goes to trial instead of settling. |
| Standard felony | $5,000 to $25,000 | Multiple charges, prior record, trial |
| Serious felony (violent crime, large-scale fraud) | $10,000 to $50,000+ | Long trial, expert witnesses needed |
| Federal charges | $15,000 or more | Federal cases are almost always more complex and time-consuming. |
What Is a Retainer?
A retainer is money you pay upfront before the attorney starts working. It is not an extra fee on top of everything else. It is an advance payment that the attorney draws from as they do the work, and any part that is not used is typically refunded, depending on the fee agreement.
Example. An attorney charges $300 an hour and asks for a retainer covering 15 hours of work upfront. That comes to $4,500. As the attorney works on the case, they track their hours and subtract the cost from that $4,500. If the case wraps up after only 10 hours, the attorney has earned $3,000, and the remaining $1,500 is typically returned to the client. If the case takes longer than 15 hours, the attorney will usually ask for an additional payment to keep working.
Always ask for this in writing before you hire anyone. A written fee agreement should say what the retainer covers, how unused funds are handled, and what happens if the case needs more work than expected.
What Changes the Price
Several factors decide where your case lands in the ranges above.
- Charge severity. A felony almost always costs more than a misdemeanor.
- Trial vs. plea deal. A trial takes far more time than a settled case, and costs more accordingly.
- Attorney experience. A well-known attorney with a strong record usually charges more.
- Attorneys in large, expensive cities charge more than those in smaller towns.
- Prior record. A repeat charge usually means harsher penalties and more preparation than a first offense.
Why California Costs Tend to Run Higher
According to Clio’s 2026 Legal Trends Report, the average lawyer’s hourly rate across the United States is $349. In California specifically, that average rises to $422 an hour. This lines up with what many criminal defense attorneys in the state actually charge: experienced attorneys in larger California cities often charge $350 to $700 an hour, while attorneys in smaller counties tend to charge less.
If you are in Kern County, expect rates and flat fees on the lower end of the California range compared to a major metro area like Los Angeles or San Francisco, though still somewhat higher than the national average.
Costs Beyond the Attorney’s Fee
The attorney’s fee is usually the biggest cost, but not the only one. Depending on your case, you may also pay for:
- Court filing fees, which vary by county
- Expert witnesses, such as a forensic specialist
- Private investigators, if evidence needs independent gathering
- Court transcripts, especially for an appeal
- Bail, a separate, refundable cost if you meet all court dates
Ask your attorney upfront which of these apply to your case.
Public Defender or Private Attorney?
If you cannot afford a private attorney, you have a constitutional right to a public defender at no cost. This is decided based on your income, not the type of charge you face.
Here is the practical difference between the two options:
| Public defender | Private attorney | |
| Cost | Free, if you qualify financially | Paid by flat fee or hourly rate |
| Caseload | Often handles a high volume of cases at once | Usually handles fewer cases, with more time per client |
| Choice of attorney | Assigned to you | You choose who represents you |
| Legal skill | Often experienced in criminal law, since it is all they practice | Varies by attorney |
A public defender can be a skilled, capable advocate. The biggest practical difference is usually time and attention, not legal knowledge, since public defenders typically manage larger caseloads than private attorneys.
Common Questions People Ask
Is it worth it to hire a criminal defense attorney?
In most cases, yes. A private attorney can usually give your case more time and attention than a public defender juggling a heavy caseload, and may be able to negotiate a better plea deal or build a stronger defense for trial. If the cost is genuinely out of reach, a public defender is still a real, qualified option, not a last resort.
How can you afford a criminal defense attorney if you do not have much saved up?
Ask directly about payment plans, ask whether a smaller fee can cover just the early stages of the case, or ask the court for a public defender if you qualify based on income. Many attorneys will also work with you on a payment schedule that matches your paydays.
What is the average retainer fee for a criminal defense attorney?
This depends heavily on the case, but a retainer commonly falls between $1,500 and $5,000 for a straightforward misdemeanor, and much higher for a serious felony. A good attorney will show you the math behind the number: their hourly rate multiplied by the hours they expect the case to take.
Do criminal defense attorneys accept payment plans?
Many do, but it is not guaranteed. It is up to each attorney’s discretion. A typical plan involves paying a retainer upfront, then making set monthly payments until the balance is paid off. Ask about this directly in your first consultation, before you commit to anything.
What happens if you cannot afford a lawyer at all?
You have a constitutional right to a public defender at no cost, based on your income rather than your charge. Tell the judge at your arraignment (your first court appearance) that you cannot afford an attorney, and the court will review your finances and assign one if you qualify.
A Real-World Example
Consider Maria, who is arrested for a first-time misdemeanor DUI in Bakersfield. She meets with an attorney who quotes a flat fee of $3,500 to handle the case through a plea agreement, or $300 an hour if the case goes further.
Her case settles in a few court appearances, and she pays the flat fee of $3,500. Had it involved a prior DUI or an injury accident, the charge could have been elevated to a felony, easily pushing the cost past $10,000.
No article, including this one, can give you an exact number for your specific situation. The ranges above are a starting point, not a final price.
Before You Hire Anyone
Ask for a written fee agreement, ask what is included and what is not, and ask what happens if your case takes longer than expected. A good criminal defense attorney will answer these questions clearly before you sign anything.
If you are facing a criminal charge in Bakersfield or anywhere in Kern County, many local firms, including ours, offer a free initial consultation and can discuss payment plan options based on your situation.
