When you’re facing a criminal charge in Victoria, one of the first things you’ll want to understand is how much it will cost to hire a criminal lawyer. It’s a natural question (and an important one) because the outcome of your matter can affect your future, your work, your reputation, and even your freedom.
Legal fees vary widely depending on the nature of the charge, the complexity of the case, the court your matter is heard in, and the level of experience of the lawyer representing you.
This guide explains everything you need to know about criminal lawyer fees in Melbourne, the factors that influence costs, the types of fee structures you’ll encounter, and what you are actually paying for when you engage a defence lawyer.
What Determines the Cost of a Criminal Lawyer in Melbourne?
There isn’t a one-size-fits-all price for criminal law representation because each matter involves different levels of preparation and expertise. Here’s what typically influences your legal costs.
- The Complexity of the Charge
Some criminal matters are relatively simple, such as first-time low-range drink driving or driving while suspended, because they typically involve straightforward facts and predictable court outcomes. More serious matters — such as family violence charges, assault, drug trafficking, or burglary — can be far more complex and require substantial preparation. Cases with extensive evidence, such as multiple witness statements, CCTV footage, lengthy police briefs, or expert reports, naturally require more time and therefore cost more to prepare and run.
- The Stage of the Legal Process
Different stages of a criminal matter require different amounts of work. The early stages, such as being charged or arrested, responding to a police summons, or attending a first mention, usually involve reviewing evidence and advising you on your options. Later stages, like case conferences or contest mentions, require negotiation with prosecutors and further analysis of the brief. If your matter proceeds to a contested hearing or trial, your lawyer must undertake extensive preparation, coordinate witnesses, develop a defence strategy, and appear in court for multiple days. The further the matter progresses, the more preparation time is involved, increasing the overall cost.
- The Criminal Lawyer’s Experience and Seniority
A lawyer’s level of experience has a direct impact on their fees. Junior solicitors generally charge less and are suitable for simpler matters, while senior solicitors or accredited specialists charge more because of their expertise and ability to handle complex cases efficiently. In more serious matters, especially those heading to a contested hearing or trial, you may also require a barrister, whose fees vary widely based on their seniority and courtroom experience.
- Urgency and After-Hours Work
Some situations require immediate legal assistance, such as being arrested late at night, needing a same-day bail application, or requiring advice before a police interview. Because this type of urgent work disrupts the lawyer’s schedule and often involves out-of-hours attendance, many firms charge higher rates for after-hours or immediate-response matters.
- Which Court Your Matter Is In
The court your matter is listed in influences the cost because it reflects the seriousness and complexity of the charge. Matters in the Magistrates’ Court tend to be less costly because they involve summary offences and are generally resolved more quickly. Cases in the County Court or Supreme Court involve more serious indictable offences, longer hearings, and often require both a solicitor and a barrister, increasing overall costs.
Typical Criminal Lawyer Fee Structures in Melbourne
Understanding how criminal lawyers bill for their services can help you choose a structure that suits your situation.
- Hourly Rates: Lawyers charge for the time spent on your matter. In Melbourne, junior to mid-level solicitors usually charge $250–$400 per hour, while senior lawyers and accredited specialists charge $400–$650+ per hour. Barristers generally work on daily rates from $1,500 to $6,000+, depending on experience. Hourly billing is most common for complex matters with uncertain timelines.
- Fixed Fees: Fixed fees offer certainty with a set price for specific, predictable matters, such as guilty pleas, first mentions, driving offences, minor drug charges, or straightforward family violence cases. They usually cover preparation, advice, and the court appearance, but extra costs may apply if the matter becomes more complex.
- Retainer / Upfront Payments: Some firms require a retainer placed into a trust account to cover upcoming work. This is common when significant preparation is needed or when multiple court dates are expected. A retainer ensures the lawyer can start work immediately and gives you a clearer idea of expected costs.
- Appearance Fees: For brief or standalone court appearances, lawyers may charge a flat fee per appearance. This is useful when matters are repeatedly adjourned. Barristers also typically charge a daily appearance fee that reflects their preparation and time in court.
- Disbursements: Disbursements are external costs separate from legal fees. These may include expert reports (medical, psychological, forensic), subpoena fees, court filing fees, interpreters, and travel expenses. Your lawyer should outline expected disbursements upfront so you understand the full potential cost.
Average Costs for Common Criminal Matters in Melbourne
Below are typical ranges for common criminal law matters. These vary depending on the lawyer, the case strategy, and the complexity of your situation, but they provide a general guide to what you can expect.
- Drink Driving (DUI): Typically $1,500–$3,500, depending on BAC level, extra charges, and arguments needed to reduce penalties.
- Drug Possession (Personal Use): Usually $1,200–$3,000 for matters involving diversion, negotiations, and presenting mitigating circumstances.
- Assault Charges: Ranges widely from $2,000–$10,000, depending on seriousness, evidence, and number of witnesses.
- Family Violence Charges: Generally $2,500–$8,000+, especially if linked to an intervention order or large volumes of evidence.
- Theft or Burglary: About $2,000–$10,000+. Minor shop theft sits at the lower end; aggravated or complex cases attract higher fees.
- Driving While Suspended: Commonly $1,200–$2,500 with predictable outcomes, often suitable for fixed fees.
- Bail Applications: Magistrates’ Court: $1,500–$3,500. County/Supreme Court: $5,000–$10,000+, due to complexity and preparation.
- Contested Hearings (Magistrates’ Court):Typically $5,000–$20,000+, depending on witnesses and whether a barrister is required.
- Trials (County or Supreme Court): From $20,000 to $150,000+, reflecting extensive preparation, evidence review, and multi-day court appearances.
What You’re Actually Paying For: A Breakdown of Value
Criminal defence work involves far more than simply showing up at court. You’re paying for the expertise, strategy, and advocacy required to achieve the best possible outcome.
Lawyers spend considerable time reviewing the police brief, analysing CCTV footage, assessing the strength of evidence, and identifying weaknesses in the prosecution’s case. This preparation helps determine whether charges can be withdrawn, downgraded, or resolved in a way that avoids a conviction.
A strong defence also involves developing a tailored strategy, advising you on likely outcomes, drafting submissions, and negotiating with police or prosecution. Your lawyer will also guide you through the process, help you prepare character references, manage court dates and paperwork, and ensure you understand your obligations throughout the matter. Effective preparation often leads to reduced charges, favourable plea outcomes, or even the complete withdrawal of charges.
How to Choose the Right Criminal Lawyer
Before choosing a criminal lawyer, it’s important to understand how they work, what their fees cover, and whether they have the right experience for your matter. Asking the right questions upfront helps you avoid unexpected costs and ensures you feel confident in who is representing you.
Key questions to ask:
- Do you offer fixed fees? Helps you gauge whether your case is predictable in scope and what your total cost may look like.
- What’s included in the fee — and what could increase the cost? Prevents unexpected add-ons or surprises as the matter progresses.
- Who will be handling my case day-to-day? Some firms delegate work to junior staff, so it’s important to know who is actually managing your file.
- Will I need a barrister, and what will that cost? Complex cases often require a barrister, which can significantly affect the total fee.
- Have you handled similar cases before? Examples of past matters give you confidence in the lawyer’s experience and capability.
A good criminal lawyer will give you clear, upfront pricing and will avoid vague cost descriptions. They will set realistic expectations about your outcome rather than promising a particular result. They will have experience with cases like yours and will communicate openly about your risks and options. When a lawyer takes the time to explain the process and answer your questions without pressure, it’s a strong sign of professionalism.
Legal Aid vs Private Criminal Lawyers in Victoria
Legal Aid can be an excellent option for those who qualify, but not everyone meets the eligibility requirements.
Eligibility is based on your financial situation, assets, income, and the type of matter you are facing. Many working people do not qualify, even if they are experiencing financial strain, because Legal Aid prioritises those in the lowest income brackets and people facing very serious charges.
Final Thoughts
Understanding the cost of a criminal lawyer in Melbourne helps you make informed decisions during one of the most stressful periods of your life. While fees vary depending on the charge, complexity, and level of representation, clarity and communication are essential. The right lawyer will explain their fees, set realistic expectations, and guide you through the process with transparency and confidence.
Need Clear, Honest Advice About Legal Costs?
If you’re facing a charge and want a confidential discussion about your options, Galbally Parker’s criminal defence team can provide transparent, upfront guidance on fees and representation.
