Being charged with a crime is terrifying — and figuring out how to pay for defense adds financial stress on top of legal stress. But understanding how criminal defense fees work in Arizona can help you make better decisions about your representation and avoid surprises. Here's what things actually cost, how attorneys structure their fees, and what to do if you can't afford private counsel.
Cost by Type of Criminal Charge
| Charge Type | Typical Attorney Fee | What's Included |
|---|---|---|
| Traffic / petty offense | $500–$1,500 | Usually a flat fee for one court appearance |
| Simple misdemeanor | $1,500–$3,500 | Flat fee through plea or dismissal |
| Serious misdemeanor (DV, theft, drug possession) | $3,000–$7,500 | Flat fee or retainer; may include motion work |
| Standard DUI (first offense) | $2,500–$5,000 | Flat fee; includes MVD hearing, plea negotiation |
| Extreme / Super Extreme DUI | $3,500–$7,500 | More complex defense; potential trial |
| Aggravated DUI (felony) | $5,000–$15,000 | Felony-level defense; mandatory prison if convicted |
| Non-violent felony (drug, fraud, theft) | $5,000–$15,000 | Retainer-based; investigation, motions, negotiation |
| Violent felony (assault, robbery) | $10,000–$25,000+ | Complex defense; potential trial; expert witnesses |
| Sex crime | $15,000–$50,000+ | Extensive investigation; expert testimony; trial prep |
| Homicide / manslaughter | $25,000–$100,000+ | Full trial defense; investigators; forensic experts |
| Federal criminal case | $25,000–$100,000+ | Federal court practice; complex procedure; sentencing guidelines |
How Criminal Defense Attorneys Charge
Flat Fees
Most common for misdemeanors, DUI, and straightforward cases. You pay a set amount upfront (or in installments) that covers the attorney's work from start to finish. The advantage is predictability — you know the total cost upfront. The fee typically covers all court appearances, negotiations with the prosecutor, and either a plea deal or dismissal. If the case goes to trial, most flat-fee arrangements require an additional fee for trial, which should be clearly stated in your agreement.
Hourly Rate with Retainer
More common for complex felonies and cases that may go to trial. You pay an upfront retainer (typically $5,000–$15,000 for felonies) that the attorney bills against at their hourly rate ($200–$400/hour for most Arizona criminal defense attorneys; $400–$600 for highly experienced specialists). When the retainer runs low, you'll be asked to replenish it. This structure is less predictable in total cost but can actually be cheaper if the case resolves quickly.
What's NOT Included in Attorney Fees
Most attorney fees don't include court filing fees, costs for investigators or expert witnesses, drug or alcohol testing and treatment programs, ignition interlock device costs (for DUI), fines and restitution ordered by the court, or bail bond premiums. These additional costs can add thousands to your total outlay, particularly in DUI cases where treatment programs and interlock devices are mandatory.
What Drives the Cost Higher
Severity of Charges
The more serious the charge, the more work required. A Class 6 felony (the least serious) involves less preparation than a Class 2 felony carrying potential decades in prison. More is at stake, so more attorney time goes into investigation, motion work, and trial preparation.
Complexity of Evidence
Cases involving DNA evidence, forensic accounting, surveillance footage, or digital evidence require more attorney time to review and challenge. Expert witnesses to contest prosecution evidence can cost $5,000–$15,000 each. Cases with multiple co-defendants, multiple charges, or extensive discovery (thousands of pages of documents, hours of recordings) are inherently more expensive.
Trial vs. Plea
This is the biggest cost variable. A case that resolves through negotiation (plea deal or dismissal) might cost $5,000. The same case taken to trial might cost $20,000–$50,000+. Jury trials require extensive preparation: witness preparation, jury selection strategy, exhibit preparation, opening and closing arguments. A multi-day trial can consume 100+ hours of attorney time.
Attorney Experience and Reputation
A former prosecutor with 20 years of trial experience and a track record of acquittals will charge more than a newer attorney. Whether the premium is worth it depends on what's at stake. For a simple misdemeanor, experience matters less. For a felony carrying mandatory prison time, the right attorney can be the difference between prison and freedom.
The Public Defender Option
If you cannot afford a private attorney and face charges carrying potential incarceration, you have a constitutional right to appointed counsel. In Arizona, this means the Public Defender's Office (in Maricopa County, the Maricopa County Public Defender's Office). To qualify, you'll fill out a financial affidavit demonstrating that you lack the resources to hire private counsel. The threshold varies, but generally applies to those at or near the federal poverty level.
Public Defenders Are Real Attorneys
Public defenders are licensed, experienced criminal defense attorneys who handle serious cases every day — including homicides, sexual assaults, and complex felonies. Many are former prosecutors. The quality of representation from a public defender can be excellent.
The Caseload Reality
The challenge is volume. Arizona public defenders routinely carry 150–200+ active cases simultaneously. This means less time per case for investigation, preparation, and client communication. Your public defender may be excellent — but they simply have less time to devote to your case than a private attorney who's carrying 20–30 cases. For minor charges, this difference may not matter much. For serious felonies, it can be significant.
Is a Criminal Defense Attorney Worth the Investment?
Consider what a conviction costs beyond the attorney fees: jail or prison time (lost income, career disruption), a criminal record that shows up on every background check for employment, housing, and professional licensing, fines and restitution (often $1,000–$10,000+), probation costs ($50–$75/month for years), dramatically increased car insurance (for DUI — often $1,000–$3,000/year extra for 3–5 years), immigration consequences for non-citizens, and loss of firearm rights for felonies.
A skilled attorney who gets charges reduced, dismissed, or achieves an acquittal can save you many times their fee in avoided consequences. The math is particularly clear for DUI cases, where the total cost of conviction (fines + insurance increases + interlock + lost wages from jail) easily reaches $10,000–$20,000 even without an attorney.
How to Evaluate Cost vs. Value
Don't just compare attorney fees — compare what you're getting for those fees. Ask each attorney: what's included in your fee, and what costs extra? If this goes to trial, what's the additional cost? How many cases like mine have you handled, and what were the outcomes? What's your realistic assessment of the best and worst case outcomes in my situation? Do you offer a payment plan?
The cheapest attorney is rarely the best value. The most expensive isn't necessarily the best either. The right attorney is one whose experience matches your charges, whose fee structure you can manage, and whose honest assessment of your case gives you confidence in their judgment.
Find a Criminal Defense Attorney in Arizona
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Search Criminal Defense AttorneysFrequently Asked Questions
Do criminal defense attorneys offer free consultations?
Many do — especially for DUI and misdemeanor cases. For felonies, some attorneys charge a consultation fee ($100–$300) that may be applied toward the retainer if you hire them. Always ask when scheduling whether the initial consultation is free.
Can I negotiate attorney fees?
It depends on the attorney and the case. Some have fixed pricing; others are open to discussion. You're more likely to find flexibility with payment plans than with the total fee. Some attorneys will also offer a reduced fee if you agree to a plea early (reducing their work) versus going to trial.
What if I'm charged with multiple offenses?
Multiple charges generally increase the fee because there's more work involved — more evidence to review, more motions to file, and potentially multiple counts to negotiate. However, the per-charge cost usually decreases with volume. An attorney might charge $5,000 for one felony count but $8,000 for three related counts, not $15,000.
Should I use a criminal defense attorney or a general practice lawyer?
For anything beyond a minor traffic violation, use an attorney who focuses on criminal defense. Criminal law has its own procedures, its own rules of evidence, and its own culture. An attorney who primarily handles real estate closings or business contracts — no matter how intelligent — is at a significant disadvantage in criminal court. Arizona's Board of Legal Specialization certifies criminal law specialists, which is the highest credential in the field.