Argersinger v. Hamlin, 407 U.S. 25 (1972), is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.

Argersinger was sentenced under Florida law to 90 days in jail for carrying a concealed weapon but was never represented by counsel.

Argersinger claimed his conviction was unconstitutional, but his case was dismissed by the Florida Supreme Court, who relied on Duncan v. Louisiana, which held that jury trials were not required for crimes with a sentence of less than six months.

The Florida court claimed that since jury trials were not required for misdemeanors, then neither was counsel.

The Court held that a criminal defendant may not be actually imprisoned unless provided with counsel.