How much does a criminal defense lawyer cost in NYC?
In New York City, a criminal defense lawyer usually charges either a flat fee for the whole case or an hourly rate, and what you pay tracks the charge. Misdemeanors and first-offense DWIs are commonly handled for a flat fee, while felonies and cases that head toward trial cost more and are more often billed by the hour. If you cannot afford a lawyer, a public defender is provided at no cost.
Cost is one of the first questions people ask after an arrest, and it deserves a straight answer. The honest version is that the price depends on the seriousness of the charge, how much work the case is likely to take, and how it is billed. What follows is how criminal-defense pricing generally works in New York City — framed as what lawyers in this market commonly charge, not as a quote for any particular case.
Do criminal defense lawyers charge flat fees or by the hour?
Most NYC criminal defense lawyers use one of two structures: a flat fee that covers the case (or a defined stage of it), or an hourly rate billed against a retainer you pay up front. Many firms use flat fees for predictable matters and hourly billing for cases where the amount of work is hard to forecast.
A flat fee gives you certainty — you know the number before the work begins, which is why it is popular for lower-level charges. Hourly billing makes more sense when no one can predict how many appearances, motions, or hearings a case will need. In New York City, criminal-defense hourly rates vary widely, depending on the lawyer's experience and the complexity of the matter. Whatever the structure, New York's letter-of-engagement rule (22 NYCRR Part 1215) generally requires the fee terms to be put in writing, and Rule 1.5 of the New York Rules of Professional Conduct prohibits a fee that is excessive.
What does a misdemeanor or DWI defense typically cost?
For a misdemeanor or a first-offense DWI, many NYC lawyers charge a flat fee. A first-offense DWI generally costs more than an ordinary misdemeanor, and aggravated or repeat charges add to the price.
A DWI tends to cost more than an ordinary misdemeanor because it usually involves two parallel proceedings at once: the criminal case in court and a separate license case at the DMV. If you want to understand why, our guide on what happens after a DWI arrest in NYC walks through both tracks. The line between a misdemeanor and a more serious charge also matters for price — see misdemeanor vs. felony in New York for how the classification drives everything that follows, including cost.
What does felony defense cost, and why is it more?
Felony defense generally costs substantially more than a misdemeanor because the stakes, the procedure, and the workload are all larger. A felony can involve grand-jury proceedings, extensive motion practice, expert witnesses, and a longer road to resolution, so lawyers frequently bill felonies hourly or in staged flat fees, with trial priced as a separate phase.
The reason is straightforward: a case that might resolve at an early court date costs far less to defend than one that proceeds through hearings and trial. Because no one can know at the outset how far a serious case will go, many lawyers price the investigation-and-negotiation phase first and quote trial separately. That is not a hidden charge — it reflects that a trial is a large, distinct body of work.
What makes one criminal case cost more than another?
Several factors drive the price of a defense, which is why two people with similar-sounding charges can be quoted very different fees. The biggest drivers are the severity of the charge, whether the case is likely to go to trial, and how much investigation and expert work it needs.
- Charge level — a violation, a misdemeanor, and a felony are not priced the same
- Trial vs. plea — a case that resolves early costs less than one that is tried
- Court appearances — more appearances mean more of the lawyer's time
- Discovery volume — body-camera footage, forensics, and records take time to review
- Experts and investigators — chemists, accident reconstructionists, and private investigators are usually a separate cost
- The lawyer's experience — more senior lawyers generally command higher rates
- Your record — a repeat charge or an open case elsewhere can add complexity
Should I use a public defender or hire a private lawyer?
If you cannot afford an attorney, you have a constitutional right to one at no cost, and in New York City that means a public defender from an organization such as The Legal Aid Society or an assigned "18-B" panel lawyer. Public defenders are experienced courtroom lawyers, and for many people they are the right and necessary choice.
The main trade-offs are practical: to get a public defender you must qualify financially, and you generally do not choose your specific attorney. A private lawyer is something you pay for, but you select who represents you and can discuss availability and communication up front. Neither path is inherently "better" — it depends on your finances and what you need. What matters most is having representation early, however you obtain it.
What is usually included in a criminal defense fee — and what is not?
A criminal defense fee usually covers the lawyer's core work on the case: court appearances, reviewing discovery, legal research and motions, negotiating with the prosecutor, and advising you throughout. What is often billed separately — or excluded — includes expert witnesses, private investigators, transcripts, and, in many flat-fee agreements, a trial or an appeal.
Typically included:
- Arraignment and routine court appearances
- Review of discovery and the prosecution's evidence
- Pretrial motions and negotiation with the district attorney
Often separate or excluded:
- Expert witnesses and private investigators
- Trial, when the flat fee covers only pretrial stages
- Appeals, which are almost always a distinct engagement
One more point specific to New York: the courts have held that a truly "nonrefundable" retainer is generally improper, so any fee you pay in advance but the lawyer has not yet earned should be handled fairly if the case ends early. It is worth asking how unearned fees are treated.
What should I ask about a criminal defense fee agreement?
Before you sign, get the fee terms in writing and make sure you understand exactly what they cover. Because New York's letter-of-engagement rule generally requires a written letter of engagement when the fee is expected to be $3,000 or more, you should expect a written agreement — read it, and ask questions until the scope is clear.
Good questions to ask include:
- 1Is this a flat fee or hourly, and what is the hourly rate?
- 2Exactly what stages of the case does the fee cover?
- 3Does it include a trial or an appeal, or are those priced separately?
- 4How are expenses such as experts or transcripts handled?
- 5If the case ends early, what happens to fees I have paid but that are not yet earned?
- 6Is a payment plan available?
You can also start the conversation through our criminal defense intake form or by reading more on the criminal defense practice area page.
Questions to consider
Is a free consultation available?
Many firms, including this one, offer a free initial case review so you can understand the charge and the likely path before committing to anything. It is a chance to ask about fees directly.
Can I pay in installments?
Often, yes. Many criminal defense lawyers offer payment plans, especially for flat-fee cases. Ask about it up front and get the terms in writing.
Does a lower fee mean a weaker defense?
Not necessarily — price reflects many things, including the complexity of the case and a lawyer's experience. The better questions are what the fee covers and whether the lawyer has handled matters like yours.
Get your case reviewed
The most useful first step is a conversation about your specific charge, because that is what determines both the defense and the cost. If you are facing a criminal charge anywhere in the five boroughs, a case review will lay out the options and the fee honestly, with no obligation.
- Call 718-521-4909
- Text a photo of your paperwork to 917-476-7666
- Email info@sharnovlaw.com
- Schedule a free consultation
Related reading: What happens at arraignment in New York? and What is a Desk Appearance Ticket (DAT) in NYC?
This article is general information about criminal-defense costs in New York, not legal advice for your situation, and reading it does not create an attorney-client relationship. The fee practices described are general market observations of how lawyers commonly charge, not a quote or a statement of this firm's fees, and every case is different. Speak with an attorney about your circumstances. This is attorney advertising. Prior results do not guarantee a similar outcome.
