Becoming a Criminal Lawyer

Criminal lawyers, also known as criminal defense lawyers and public defenders, defend individuals, organizations, and entities that have been charged with a crime. Criminal lawyers handle a diverse spectrum of criminal cases, ranging from domestic violence crimes, sex crimes, violent crimes and drug crimes to driving under the influence (DUI), theft, embezzlement, and fraud. This interview with a criminal defense attorney provides insight into one criminal lawyer's career path and daily practice.

Education and Experience

Like all lawyers, criminal lawyers must obtain a law degree and pass the bar examination in the state in which they intend to practice. Some criminal lawyers earn a board certification from the National Board of Legal Specialty Certification (NBLSC). The NBLSC is a non-profit organization accredited by the American Bar Association to provide board certification for attorneys and is an outgrowth of the National Board of Trial Advocacy.

Job Description

Criminal lawyers represent defendants facing criminal charges in state, federal and appellate courts. Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies. As part of the lawyer's job functions, a criminal lawyer will:

Investigate the case and interview witnesses

Research case law, statutes, crimes codes, and procedural law

Build a defense and develop a case strategy

Negotiate with the prosecution to plea bargain to lesser charges

Draft, file and argue motions such as motions to dismiss and motions to suppress

Advocate for the defendant at trial

Draft, file and argue appeals

Skills

Criminal lawyers must have excellent oral and written advocacy skills in order to argue a client's case before a judge and persuade a jury. Investigative and research skills are also important in building a client's case and establishing a strong defense. Criminal lawyers must also have strong creative thinking and analytical skills to develop a legal strategy, analyze case law and litigate complex cases.

Criminal lawyers must also have an in-depth understanding of state, federal and local rules, court procedures, evidentiary laws and local judges to navigate the criminal justice system efficiently and competently.

In addition, excellent interpersonal skills are necessary to build a strong client-attorney relationship. Criminal defendants are a finicky group who sometimes go through many lawyers before settling on one they like. Therefore, the ability to attract and retain clients is essential to a thriving criminal defense practice.

Practice Environment

Most criminal lawyers work in private practice or in a solo firm. Some work for non-profit agencies or for the government as public defenders. Criminal lawyers often work long, irregular hours. They frequently meet with clients outside their office at the courthouse, prisons, hospitals and other venues. Most criminal lawyers maintain a local practice. However, for criminal attorneys with a national practice, frequent travel is required.

Salaries

Criminal lawyer salaries vary, depending on the size and scope of the practice, the clientele the firm serves and the geographic location of the firm. Public defender and non-profit salaries are usually modest (the $30,000 to $50,000 range is common).

Criminal lawyers employed in law firms generally earn the highest salaries; experienced criminal attorneys can earn well into the six figures. The highest paid criminal lawyers are often those that represent high-profile, wealthy defendants in high-stakes cases.

Breaking into Criminal Law

Many criminal lawyers start their careers as prosecutors or public defenders. A public defender is an attorney appointed by the court to represent defendants who cannot afford a lawyer. Mock trial and moot court experience in law school are helpful as it allows the attorney to develop oral advocacy skills and gain trial experience in a simulated setting.

Job Outlook

Criminal law is a growing practice niche. As crime rates and criminal laws spiral upwards, the number of people sentenced to prison has risen nearly threefold over the past 30 years. Crime rates have increased and prison populations are exploding across the country. As new criminal laws are codified and more Americans are charged under state and federal laws, the need for criminal lawyers to defend the accused will also rise.

What Is the Practice of Criminal Law?

The U.S. justice system divided into to two distinct branches, civil law, and criminal law.

The behavior of citizens in the United States is governed by state laws found in the state criminal codes and federal laws found in the federal penal code. When a person commits a crime, he or she violates one of these laws and criminal charges are filed. In some cases, a single act may violate both federal and state law. In such cases, whether a defendant is prosecuted in federal court or state court is at the discretion of the United States district attorney.

Felony v. Misdemeanor

Crimes are generally categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony, sometimes called a "high crime," involves serious misconduct that is punishable by death or by imprisonment of over one year (although the punishment can be less than one year at the judge's discretion). Most state criminal laws subdivide felonies into classes with varying degrees of punishment. Examples of felonies include murder, manslaughter, rape, fraud, robbery, racketeering, arson and white collar crime.

Lesser crimes are classified as misdemeanors. A misdemeanor is misconduct punishable by up to one year in prison and/or a fine. Examples of misdemeanors include traffic violations, petty theft, simple assault and battery, trespass and public intoxication.

What Does a Criminal Lawyer Do?

A criminal lawyer, also known as a criminal defense lawyer, helps to defend persons and entities under investigation or accused of a crime. Under the United States Constitution, defendants are innocent until proven guilty. A criminal lawyer investigates the case and helps identify ways to introduce doubt into the question of a defendant's guilt. Based on the facts and evidence, the lawyer will develop a strategy, build a case and identify defenses to help prove the client's innocence or mitigate his sentence.

Why is Criminal Law Growing?

New laws are continually enacted. In recent years, U.S. lawmakers have significantly expanded the authority and reach of the justice system; in the last decade, hundreds of thousands of Americans have been charged and convicted under criminal laws. Federal laws, in particular, are expanding. According to a recent article:

"As federal criminal statutes have ballooned, it has become increasingly easy for Americans to end up on the wrong side of the law. Many of the new federal laws also set a lower bar for conviction than in the past: Prosecutors don't necessarily need to show that the defendant had criminal intent. By the turn of the 20th century, the number of criminal statutes numbered in the dozens. Today, there are an estimated 4,500 crimes in federal statutes. There are also thousands of regulations that carry criminal penalties."

"There are many reasons for the rising tide of laws. It's partly due to lawmakers responding to hot-button issues--environmental messes, financial machinations, child kidnappings, consumer protection--with calls for federal criminal penalties. Federal regulations can also carry the force of federal criminal law, adding to the legal complexity."

Some of these new federal statutes don't require prosecutors to prove criminal intent, eroding a bedrock principle in English and American law. The absence of this provision, known as mens rea, makes prosecution easier, critics argue.

Types of Crimes

Criminal statutes are sprinkled throughout some 27,000 pages of the federal code. The outline below is not a comprehensive list of all crimes but it is a sampling of some of the more common practice areas of a criminal lawyer.

Sex Crimes

Theft Crimes

Drug Crimes

Embezzlement

Domestic Violence

Violent Crimes

Gun Crimes

Juvenile Crimes

Murder

Criminal Traffic Offenses/ Suspended Licenses

Appeals

Probation/Community Control Violations

Traffic Citations/Tickets

DUI Defense

White Collar Crimes

Anti-trust violations

Bank fraud

Bribery of public officials

Embezzlement

Environmental law violations

FDA violations

Health care fraud

Honest services fraud

Insider trading

Kickback schemes

Mail fraud

Money laundering

Mortgage fraud

Public corruption

Securities fraud

Tax evasion / tax fraud

Tax return fraud

Telemarketing fraud

Workers compensation fraud

Wire fraud

Federal Crimes

Aggravated identity theft

Alien smuggling

Asset forfeiture

Bank fraud

Bomb offenses

Child pornography

Currency smuggling

Credit card fraud

Environmental violations

Firearm offenses

Gambling offenses

Immigration offenses

Internet gambling

Internet enticement of a minor

Possession with intent to distribute

Money laundering

Racketeering / RICO / Organized crime

Tax evasion / Tax fraud

Unemployment compensation fraud

Wire fraud

Workers compensation fraud

Sex Crimes

Child pornography

Internet enticement of minors

Sex tourism

State Offenses

Aggravated assault

Aggravated battery

Battery

Burglary

Child abuse

DUI / DUI Manslaughter

Domestic violence

Extortion

Grand theft

Murder/ Manslaughter

Possession of fraudulent ID

Robbery

Stalking

Drug Offenses

Manufacturing

Marijuana grow houses

Possession

Trafficking

A Criminal Lawyer or Criminal Defense Attorney Can Help You

Criminal Law

Criminal Law is a field of law that deals exclusively with criminal sentencing and criminal punishments. The law practice of a criminal defense attorney usually specializes in two categories of crimes: misdemeanors or lesser crimes, and felonies, or greater crimes. Individuals accused of criminal activity (even first time offenders) should consult with a criminal lawyer or defense attorney as soon as possible.

Drug Crimes

Drug crimes cover crimes of possession, manufacture, use, and distribution. The legality of each drug is determined by the Controlled Substances Act, which groups drugs into five separate "schedules," with Schedule I marking the most controlled and dangerous drugs. Drug crime lawyers include marijuana lawyers, prescription drug lawyers, ecstasy lawyers, and other criminal lawyers.

Drunk Driving / DUI / DWI

Many first introductions to the criminal law system occur because of drunk driving, DUI, or DWI. Penalties for DUI and DWI can be severe under drunk driving laws, and it may be wise to consult with a specialized criminal law attorney such as a DUI arraignment lawyers in your area before undergoing a DUI sentencing.

Felonies

Felony lawyers deal with felonies—the most serious crimes committable under criminal law. Murder, rape, drug trafficking, child abuse, burglary, gun possession, money laundering, and child pornography all fall under the "felony" heading. Criminal laws vary from state to state, as do criminal punishments, but felonies carry a heavy penalty: up to and including the death penalty.

Misdemeanors

Misdemeanors are lesser crimes handled by criminal lawyers, and are punishable by county jail time under one year and/or criminal fines. Petty theft, prostitution, and vandalism are all examples of misdemeanor crimes, and criminal lawyers have specializations in almost every category. Theft lawyers, for example, work specifically on theft cases.

Speeding and Moving Violations

The majority of speeding and moving violations are not criminal offenses, but there are exceptions. If you are caught driving without a license or find yourself speaking with reckless driving lawyers, then you have probably committed a criminal offense or misdemeanor. In these cases, you need an intelligent criminal lawyer to assist you.

White Collar Crimes

White Collar Crimes are a variety of non-violent crimes that are usually committed in a business or commercial environment. Criminal lawyers that work in this area usually deal with things like embezzlement, credit card fraud, and insider trading. Most white collar crime prosecution is carried out by government lawyers with the accused defended by a criminal defense lawyer who is experienced in this type of crime.

Criminal Lawyer Career

The principle of freedom which Americans highly prize is demonstrated in this nation’s commitment to the presumption of innocence in a criminal trial. In many other nations, the accused is presumed guilty until he proves his innocence or the government inadequately proves its case. Yet in the United States of America, the presumption of innocence requires the prosecution to prove its case against the defendant beyond a reasonable doubt before he would be pronounced guilty.

Under the U.S. Constitution, everyone accused of a crime has the right to a lawyer’s defense.  It is criminal lawyers who represent defendants in and out of court. They make several attempts to settle the case outside of court but occasionally, they must go to trial.

Educational Requirements

A criminal lawyer must hold a juris doctorate and an attorney’s license in order to practice criminal law. Experience in criminal law is advisable before obtaining a position as a criminal lawyer. However, significant clinical experience may be equated with some criminal law experience for a recent graduate. Or, participation in internships, volunteer positions or part-time jobs with public defenders and prosecutor offices can be the necessary work experience required.

Pick from the links below, depending on your education level that best describes your situation

Throughout their careers, criminal lawyers often seek out additional training and continuing education programs to sharpen and expand their legal skills.

Job Description

The primary role of a criminal lawyer is to represent their defendant in the criminal court system. This encompasses arraignments, pretrial hearings, settlement conferences, trials and sentence hearings. They defend adults and juveniles at the federal, state and local level. In order to represent clients in federal courts, a criminal lawyer must first apply for admission to practice in that court.

Typically, criminal lawyers are working on several cases at one time, each at different stages in the criminal process. Throughout the criminal process, criminal lawyers offer legal counsel to their clients that would be in their best interests. Criminal lawyers’ extensive knowledge of the law helps them safeguard their client’s constitutional rights.

There is a vast amount of time spent gathering evidence like police reports, eyewitness testimonies and any other information pertinent to the case. As a result, criminal lawyers utilize the expertise of paralegals, private investigators, litigation consultants and others to assist them.

The following tasks are characteristic of a criminal lawyer’s occupation:

Interviewing witnesses

Performing legal research

Creating exhibits for demonstrations in court

Accruing additional evidence in support of their case or for arguments against the prosecution’s charges

Examining the crime scene

Gathering expert witnesses to testify in court

Salary & Job Outlook

The average salary of a criminal lawyer is $78,500. However, the salary can range from $45,000 to $130,000.  Interestingly, private criminal lawyers make the lowest earnings among lawyers. Experience and rising to the top of the career ladder however increases a criminal lawyer’s pay scale.  

Traditionally, a criminal lawyer begins as a junior associate at a law firm, a prosecutor, or a public defender.  Next, a criminal lawyer can advance to senior associate at a law firm or as a solo practitioner who is essentially self-employed.  The ultimate aspiration for a criminal lawyer may be as a partner in a law firm.

These aren’t the only career paths available to a criminal lawyer. Alternatively, a criminal lawyer can work as a district attorney. District attorneys are employed by the government and prosecute cases on behalf of the state. Another option would be as a non-profit lawyer. Non-profit organizations will hire criminal defense attorneys to represent persons who cannot afford private counsel themselves.  

Competition is high for criminal lawyer positions in law firms.

Criminal Lawyer Career

When individuals or businesses are brought before a court as the defendant, they are at risk of having a judgment made against them. In criminal cases, the judgment can result in jail time and fines. In civil cases, the judgment can require the defendant to pay money. In both criminal and civil cases, it is the job of a defense attorney to represent defendants in court. Although a defense attorney may represent either criminal or civil defendants, in practice defense attorneys typically specialize in representing just one type of defendant.

Criminal Case Basics

A criminal case begins with a state or federal government prosecutor filing a complaint that charges a defendant with a crime. State prosecutors are generally district attorneys who are elected by county voters and federal prosecutors are U.S attorneys employed by the Department of Justice. The defendant is entitled to be represented by an attorney at every stage of the case to defend himself against the charges. The attorney representing the defendant investigates the facts and laws related to the charges and advises the defendant on how to plead, negotiates any plea bargain offered by the prosecutor and, if necessary, represents the defendant at trial.

Private vs. Public Defenders

Criminal defense attorneys hired directly by a defendant are generally in a private practice. Defendants who are unable to pay for a private attorney are represented by public defenders -- criminal defense attorneys employed by the government. Public defenders for state criminal cases are typically employed by the county government where the case is filed. For defendants in federal cases, public defenders are employed by the federal government. Regardless of whether a defendant has a private attorney or public defender, the attorney is obligated to work solely for the best interest of the defendant.

Civil Litigation Basics

Lawsuits that do not involve criminal charges are generally referred to as civil litigation. In general, civil litigation begins when a plaintiff files a complaint in court against a defendant. The plaintiff or defendant can be an individual person, a business entity -- such as a corporation or LLC -- or a government agency. In most cases, the plaintiff is suing the defendant for money. In other cases, the plaintiff may be asking the court to make an injunction -- that is, an order that prevents the defendant from engaging in certain activity. The defendant involved in civil litigation has the right to be represented by an attorney at every stage of the case; however, unlike the defendant in a criminal case, the government does not appoint an attorney for the defendant if he cannot afford to hire one.

Specialized Civil Defense Attorneys

Many private attorneys involved in civil litigation have experience representing both plaintiffs and defendants. This is particularly true for civil litigation involving business disputes, such as breach of contract. However, some attorneys specialize in representing defendants in civil cases -- commonly referred to as insurance defense lawyers. The defense attorneys are hired by an insurance company to represent an insured person or business who has been sued in civil court on a claim covered by an insurance policy, such as an auto accident. Because insurance companies must regularly hire attorneys for this purpose, they prefer to hire attorneys who specialize in insurance law and representing defendants in civil cases.

2016 Salary Information for Lawyers

Lawyers earned a median annual salary of $118,160 in 2016, according to the U.S. Bureau of Labor Statistics. On the low end, lawyers earned a 25th percentile salary of $77,580, meaning 75 percent earned more than this amount. The 75th percentile salary is $176,580, meaning 25 percent earn more. In 2016, 792,500 people were employed in the U.S. as lawyers.

Becoming a Criminal Lawyer

Criminal lawyers, also known as criminal defense lawyers and public defenders, defend individuals, organizations, and entities that have been charged with a crime. Criminal lawyers handle a diverse spectrum of criminal cases, ranging from domestic violence crimes, sex crimes, violent crimes and drug crimes to driving under the influence (DUI), theft, embezzlement, and fraud. This interview with a criminal defense attorney provides insight into one criminal lawyer's career path and daily practice.

Education and Experience

Like all lawyers, criminal lawyers must obtain a law degree and pass the bar examination in the state in which they intend to practice. Some criminal lawyers earn a board certification from the National Board of Legal Specialty Certification (NBLSC). The NBLSC is a non-profit organization accredited by the American Bar Association to provide board certification for attorneys and is an outgrowth of the National Board of Trial Advocacy.

Job Description

Criminal lawyers represent defendants facing criminal charges in state, federal and appellate courts. Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies. As part of the lawyer's job functions, a criminal lawyer will:

Investigate the case and interview witnesses

Research case law, statutes, crimes codes, and procedural law

Build a defense and develop a case strategy

Negotiate with the prosecution to plea bargain to lesser charges

Draft, file and argue motions such as motions to dismiss and motions to suppress

Advocate for the defendant at trial

Draft, file and argue appeals

Skills

Criminal lawyers must have excellent oral and written advocacy skills in order to argue a client's case before a judge and persuade a jury. Investigative and research skills are also important in building a client's case and establishing a strong defense. Criminal lawyers must also have strong creative thinking and analytical skills to develop a legal strategy, analyze case law and litigate complex cases.

Criminal lawyers must also have an in-depth understanding of state, federal and local rules, court procedures, evidentiary laws and local judges to navigate the criminal justice system efficiently and competently.

In addition, excellent interpersonal skills are necessary to build a strong client-attorney relationship. Criminal defendants are a finicky group who sometimes go through many lawyers before settling on one they like. Therefore, the ability to attract and retain clients is essential to a thriving criminal defense practice.

Practice Environment

Most criminal lawyers work in private practice or in a solo firm. Some work for non-profit agencies or for the government as public defenders. Criminal lawyers often work long, irregular hours. They frequently meet with clients outside their office at the courthouse, prisons, hospitals and other venues. Most criminal lawyers maintain a local practice. However, for criminal attorneys with a national practice, frequent travel is required.

Salaries

Criminal lawyer salaries vary, depending on the size and scope of the practice, the clientele the firm serves and the geographic location of the firm. Public defender and non-profit salaries are usually modest (the $30,000 to $50,000 range is common).

Criminal lawyers employed in law firms generally earn the highest salaries; experienced criminal attorneys can earn well into the six figures. The highest paid criminal lawyers are often those that represent high-profile, wealthy defendants in high-stakes cases.

Breaking into Criminal Law

Many criminal lawyers start their careers as prosecutors or public defenders. A public defender is an attorney appointed by the court to represent defendants who cannot afford a lawyer. Mock trial and moot court experience in law school are helpful as it allows the attorney to develop oral advocacy skills and gain trial experience in a simulated setting.

Job Outlook

Criminal law is a growing practice niche. As crime rates and criminal laws spiral upwards, the number of people sentenced to prison has risen nearly threefold over the past 30 years. Crime rates have increased and prison populations are exploding across the country. As new criminal laws are codified and more Americans are charged under state and federal laws, the need for criminal lawyers to defend the accused will also rise.