The Difference Between Criminal Law and Common Law

Due to technicalities and technical language, the various types of laws often confuse people. Though many common and criminal laws may overlap, they each deal with different aspects of the law.

The key difference is that common laws have been enacted based on previous court rulings. These are also often referred to in the judicial system as case law or precedent. Criminal laws, on the other hand, deal with crimes and justice to victims of crimes while punishing the people that break laws in a criminal fashion.

Let’s take a deeper look at the difference between common and criminal law. Just know that if you’ve been charged with a crime, a defense attorney in Philadelphia at the Law Offices of Richard J. Fuschino, Jr. is ready to help build a case for a complete and thorough representation.

Common Laws

Laws become developed based on previous court rulings and findings, and these common laws can be written or unwritten. In a justice system that depends on common laws, these rulings or decisions of courts serve as precedent for all future cases dealing with similar circumstances. The general premise of these laws is that cases with similar facts should not be treated differently. If, during case or trial proceedings, there is a dispute between laws, attorneys or judges will look to past cases to provide the verdict. Over time, the laws can evolve based on circumstances or evidence presented. For cases dealing with common laws, judges also have the authority to create new laws.

Criminal Laws

While many criminal cases and proceedings also overlap with common laws and precedents from previous cases, criminal law by definition deals with a variety of crimes. This includes murder or aggravated assault, burglary, robbery, theft, drugs or gun charges, sex crimes and domestic abuse, among others. The body of law that encompasses criminal law is responsible for regulating those laws that endanger the health, safety, and welfare of others.

Representing Individuals Charged with a Crime

When you’re charged with a crime, your life is turned upside down. You need the best defense possible, and a criminal law firm in Philadelphia that will fight for your rights and build a strong case in your defense. We will meticulously go over all the case files and all details based on the charges you’re facing. Don’t waste any time contacting an attorney when you’re accused of a criminal offense. Our team has experience in every area of criminal law and understand the effects it can have on your life. We do everything in our power to ensure your rights are protected.