Can a conviction be appealed in Washington for an accidental shooting incident involving intoxication?

Question

My girlfriend accidentally shot me in the hand while we were intoxicated. She was interrogated at our house while I was taken to the hospital, and due to her intoxication, her statements were inconsistent. Law enforcement pressed different narratives, leading to a charge of assault 2. Despite informing the prosecutor that it was an accident, a no-contact order was issued, and Skagit County set a high bail of $250,000. She was threatened with 8 years in prison if she didn't plead, resulting in her accepting a plea deal for 2 months, leading to her losing her medical license. Since her release and completion of DOC and treatment, we haven't taken further legal action. Given my statement as the victim and the circumstances, is there any way to appeal or overturn this conviction in Washington State?

Patrick Owen Earl · Answer

The real answer here is no, by accepting the deal and pleading guilty you gave up your rights to confront your accusers and question them.  All your appeal rights so that is just the way it is.  You should have fought the case and gone to trial and then if you lost your appeal rights would still be in tact.   
You were not threatened with 8 years of prison, you were informed that that was what could happen if found guilty at trial.  You decided to accept the deal for a number of reasons and I can't state with the limited amount of facts here in your questions whether you made a good, great or bad decision HOWEVER, you did make the decision and now it is what it is.   
There is a way to withdraw your plea of guilty to a case BUT IT IS VERY DIFFICULT TO DO SO, ALMOST IMPOSSIBLE AND SO i would say that your options are none.

James L. Arrasmith · Answer

In Washington, you could potentially file a Personal Restraint Petition (PRP) within one year of the final judgment to challenge the conviction. This legal avenue allows you to submit new evidence not presented at trial and argue that your girlfriend's conviction was unlawful, especially since the shooting was accidental and occurred while intoxicated. 
 
After sentencing and a plea deal, withdrawing a guilty plea becomes challenging but possible if necessary to avoid an obvious injustice. Your statement as the victim about the accidental nature of the incident could be crucial evidence. The fact that your girlfriend was intoxicated during police questioning and gave inconsistent statements might support an argument that her plea wasn't fully knowing or voluntary. 
 
You might consider consulting with a criminal defense attorney who specializes in post-conviction relief, as they can help evaluate whether "accidental contact" would be a viable defense strategy in your case. Many law firms offer free initial consultations, and given the significant consequences already experienced (loss of medical license), a lawyer might see merit in pursuing this further. Time limits apply to these legal remedies, so reaching out to a Washington attorney soon would be your best path forward.

Q: Can a conviction be appealed in Washington for an accidental shooting incident involving intoxication?