31 Oct Statutory Law in Arizona
In Arizona, there are two ways to interpret the law, through statutory law and through common law. Common law often refers to the “spirit of the law,” while statutory law upholds the exact “letter of the law.” Statutory law means focusing on a literal interpretation, while common law relies on previous rulings to set a precedent. This guide explains how statutory law works, and how a defense lawyer might use it in a criminal case.
What Is a Statutory Law?
Statutory laws are laws that have been written, passed, and codified. This means that the wording of the law is very specific, and it is meant to be taken literally. Statutory law allows for fairness by ensuring that the law is practiced consistently and that everyone is subject to the same standards.
To establish a statutory law, there must be an act of legislature signed into effect by the highest executive. To enact a new state law, the bill must be passed by the state legislature and then signed into effect by the governor. Federal laws are acts passed by Congress and signed by the President.
If the executive disagrees with a new law, or decides that it is unfinished or unethical, they can veto the bill. It then goes back to the legislature. But once a law is passed, it is written into state or federal code and it must be upheld.
How Statutory Law Affects Your Case
While it is up to the prosecution to establish a burden of proof, your defense lawyer also needs to build and argue a strong case. Due to the rigidity of statutory law, building a strong defense usually means proving innocence according to the definition of the law.
Your lawyer might try to prove that you were not involved in the crime, nor associated with it in any way. Or, they might argue that the way the law is written absolves you of wrongdoing. An example of this would be a defense using a mistake of fact. This can look like you hitting someone because circumstances made you think the victim was a perpetrator in a crime. While you did assault the victim, it was not with malicious intent, as the law describes. In this case, the written law absolves you from wrongdoing because in the moment you were acting in defense of another.
It’s important to provide your lawyer with as much information as you can, without holding anything back. The more details they have, the stronger their case will be. You never know how one small detail might affect the outcome of your case.
Criminal Defense Attorney in Phoenix, Arizona
If you are facing criminal charges in Arizona, you need an experienced defense attorney on your side. The justice system can be extremely complicated, and it is important to have someone who understands how to interpret statutory law.
Todd Coolidge has over 25 years of successful experience as a certified criminal attorney. Not only does the Coolidge firm offer a personal touch, we also understand the importance of building a defense from all possible angles. If you or someone you know has been charged with a crime, contact us today to schedule a consultation.
Images used under creative commons license – commercial use (10/30/24). Photo by Giammarco Boscaro on Unsplash.