Public Defender Salary vs Prosecutor Pay: Loan Forgiveness and Career Paths

Last updated: 12 November 2026. Pay figures come from NALP’s most recent Public Service Attorney Salary Survey and its Class of 2025 findings, the Bureau of Labor Statistics, San Bernardino County’s September 2026 job postings, the Justice Department’s AD pay charts and 18 U.S.C. 3006A. Loan rules are from the Department of Education and Congressional Research Service. UK figures are from Crown Prosecution Service adverts from May 2026.

Short answer: A new public defender in the US typically starts on about $70,000, rising to just over $100,000 after 11 to 15 years, according to NALP’s latest survey. Prosecutors are paid on similar scales and many counties pay both identically. Both jobs qualify for Public Service Loan Forgiveness, which can cancel remaining federal loans after 120 qualifying payments.

Key takeaways

• NALP’s 2023 survey put the median entry-level public defender salary at $69,600 and the median at 11 to 15 years at $106,883.
• In September 2026 San Bernardino County advertised identical pay for new deputy public defenders and deputy district attorneys: $96,969.60 to $107,036.80, rising to $207,584 at the top grade.
• Federal defenders’ pay is capped by law at what comparable Assistant US Attorneys earn. AUSA base pay in the 2025 chart starts at $63,163 before locality pay.
• Courts vacated the Education Department’s 2025 PSLF employer rule on 30 June 2026, and the new RAP repayment plan counts towards forgiveness.

How much does a public defender make?

The best national data comes from NALP, the National Association for Law Placement, which surveys public service employers every two years. Its 2023 Public Service Attorney Salary Survey, with salaries as of 1 October 2023 and published in May 2024, is the latest edition. It reported these medians:

Public defender pay has risen, but slowly. In NALP’s 2022 survey the median entry-level figure was $59,700 and the 11 to 15 year figure was $100,500.

Starting pay for new graduates in public service is also climbing. NALP’s Class of 2025 findings, released on 5 August 2026, put the median starting salary at $81,000 in government jobs and $75,000 in public interest jobs, against $155,000 in private practice and $225,000 at firms of more than 500 lawyers. The same report found federal government hiring of new graduates fell by 37%, from nearly 1,100 to about 690.

The Bureau of Labor Statistics shows the gap continues later in careers. In May 2025 the median wage for all lawyers was $159,670, but it was $131,390 in local government and $115,330 in state government, where most public defenders and prosecutors work (BLS Occupational Outlook Handbook). For the wider picture see our lawyer salary guide and our breakdown of how much lawyers make at each career stage.

Do prosecutors earn more than public defenders?

Often not, at least within the same county. Many local governments put deputy district attorneys and deputy public defenders on the same pay grades. San Bernardino County in California is a clear example. Its job postings of 30 September 2026 for a Deputy Public Defender I and a Deputy District Attorney I list exactly the same pay:

• Base pay of $96,969.60 a year, rising by merit steps to $107,036.80.
• Promotion to grades II, III and IV after meeting minimum requirements and a satisfactory review.
• Up to $207,584 a year at grade IV.

Parity is not universal. Pay depends on whether the county or the state funds the defender service, on union contracts and on whether a county uses contract defenders or appointed private counsel rather than a staffed office. NALP could not collect enough prosecutor responses to give national figures, so any comparison has to be made office by office, using each county’s published salary schedule.

How much do federal defenders and Assistant US Attorneys make?

Federal pay is higher and more transparent. Assistant United States Attorneys are paid under the Justice Department’s Administratively Determined (AD) pay plan, with the grade set by years of experience. The latest AD pay charts on the department’s site are for 2025, effective 12 January 2025. Before locality pay they show:

The top AUSA grade, AD-29, has a base maximum of $165,209. Locality pay is then added, and total pay for AD-21 to AD-37 was capped at $195,100 in 2025. Each US Attorney’s office decides where a new hire starts within the range.

Federal defenders are tied to those figures by statute. Under 18 U.S.C. 3006A(g)(2)(A), staff attorneys in a Federal Public Defender Organization are paid at a rate not exceeding that of attorneys “of similar qualifications and experience” in the US Attorney’s office for the same district, and the Federal Public Defender’s own pay cannot exceed the US Attorney’s. In practice that makes federal defence one of the few public defence jobs with built-in pay parity with prosecutors.

Private practice still pays far more at the start of a career. NALP’s $225,000 median for new associates at firms of more than 500 lawyers is more than double the federal entry range, and our report on first-year associate salaries tracks the current scale. Our explainer on life inside Big Law covers what that pay demands in return.

Does Public Service Loan Forgiveness cover public defenders and prosecutors?

Yes. Both work for government or non-profit employers, which are the core qualifying employers for Public Service Loan Forgiveness (PSLF). The programme forgives the remaining balance on federal Direct Loans after 120 qualifying monthly payments made while working full time for a qualifying employer, and the forgiven amount is not taxed as federal income. Details and the employer search tool are on studentaid.gov.

Several changes in 2025 and 2026 matter for anyone choosing between public interest work and private practice:

• The employer rule was struck down. On 31 October 2025 the Education Department adopted a rule allowing it to exclude employers it found to have a “substantial illegal purpose” from PSLF from 1 July 2026. On 30 June 2026 federal district courts in Massachusetts and the District of Columbia vacated it as contrary to the statute. The department appealed both decisions on 27 August 2026, and the appeals are pending, according to the Congressional Research Service.
• New repayment plan. The Repayment Assistance Plan (RAP) opened on 1 July 2026 under the One Big Beautiful Bill Act of 2025, and on-time RAP payments count towards PSLF. New borrowers from that date must choose RAP or a tiered standard plan, and existing income-contingent plans close on 1 July 2028, according to the Education Department’s fact sheet on its May 2026 final rule.
• Borrowing limits for law students. Grad PLUS loans ended for new borrowers from 1 July 2026, apart from a transitional exception for students already enrolled. Professional students, including law students, can now borrow up to $50,000 a year and $200,000 in total in Direct Unsubsidized Loans.

Prosecutors and public defenders can also apply for the John R. Justice Student Loan Repayment Program, a federal grant run through the states. It pays up to $10,000 a year and $60,000 in total in exchange for a three-year service commitment, but funding is small. Virginia’s 2026 round, for example, had about $160,000 to share (Virginia DCJS funding notice). Federal prosecutors are not eligible.

What career paths open up after working as a public defender or prosecutor?

Both jobs give early trial experience that is hard to get elsewhere, because new deputies in many offices start on misdemeanour caseloads and move up to felonies. That experience opens several routes:

• Promotion within the office. In counties like San Bernardino, grade IV attorneys can earn close to twice the entry rate.
• Federal practice. Experienced state prosecutors move to AUSA roles, and state defenders to Federal Public Defender offices, usually with higher pay.
• Private criminal defence. Former prosecutors and defenders often open their own firms or join white-collar defence and investigations teams at larger firms. Our guide to which lawyers make the most money shows how those practice areas compare.
• The bench. Courtroom experience as a prosecutor or defender is a common route to a state trial judgeship.

The trade-off is clear. Public service pays less, especially in the first ten years, but PSLF can wipe out a large loan balance after ten years of qualifying payments, and the courtroom experience is valuable if you later move into private practice.

How does prosecutor pay compare in the UK?

In England and Wales most prosecutions are brought by the Crown Prosecution Service (CPS), a national body with set pay rates. Its May 2026 recruitment adverts listed:

• Crown Prosecutor: £44,520 starting and £47,720 maximum in most locations, or £46,800 to £50,000 plus a £3,150 recruitment and retention allowance in London.
• Senior Crown Prosecutor: £55,975 to £63,500 in most locations, or £61,750 to £71,400 plus the £3,150 allowance in London.

Criminal defence in England and Wales is mostly carried out by private solicitors and barristers paid through legal aid rather than by a salaried public defender service, so a like-for-like defender salary comparison is not available.

Frequently asked questions

What is the starting salary for a public defender?

NALP’s 2023 survey put the national median at $69,600 for public defenders with a year or less of experience. Starting pay varies widely by county: San Bernardino County advertised $96,969.60 in September 2026.

Do public defenders make less than prosecutors?

Not always. Many counties pay deputy public defenders and deputy district attorneys on the same scale, and federal law caps federal defender pay at the level of comparable federal prosecutors. Gaps exist where defender services are underfunded or run by contract.

Do public defenders qualify for PSLF?

Yes. Government defender offices and non-profit defender organisations are qualifying employers. You need 120 qualifying monthly payments on Direct Loans while working full time.

How much does an Assistant US Attorney make?

Under the 2025 AD pay chart, base pay runs from $63,163 at entry grade AD-21 to $165,209 at the top of AD-29, before locality pay. Total pay with locality was capped at $195,100 in 2025.

Is the PSLF employer rule in force?

No. Federal courts vacated the “substantial illegal purpose” rule on 30 June 2026, the day before it was due to start. The Education Department appealed in August 2026 and the appeals are pending.

How much does a Crown Prosecutor earn in the UK?

CPS adverts from May 2026 offered £44,520 to £47,720 in most locations and £46,800 to £50,000 plus a £3,150 allowance in London. Senior Crown Prosecutors earned up to £71,400 plus the allowance in London.

This guide is general information about public sector legal pay and student loan rules in the United States and England and Wales as of 12 November 2026. It is not financial or legal advice. Salary scales and loan rules change, so check the current pay schedule of the office you are applying to and confirm your PSLF eligibility on studentaid.gov.

Featured image: San Bernardino Justice Center, San Bernardino, California. Photo: Xnatedawgx via Wikimedia Commons, CC BY-SA 4.0.