The Washington Rules of Criminal Procedure provide many rights and protection to criminal defendants that extend from the time of their arrest through trial. Additionally, even if a person is convicted of a crime and sentenced to imprisonment, he or she may be able to obtain relief via a personal restraint petition. Recently, a Washington appellate court discussed the grounds for granting a personal restraint petition, in a case in which the defendant was sentenced to 198 months’ imprisonment following a first degree assault conviction. If you are a Washington resident facing assault charges it is critical to meet with a knowledgeable Washington assault defense attorney regarding your rights and what defenses you may be able to argue to avoid a conviction.
Facts and Procedure of the Case
Allegedly, the defendant was charged with and convicted of first-degree assault with a deadly weapon. He was sentenced to a mid-range prison term, with a 48-month deadly weapon enhancement. He filed a personal restraint petition, which was successful. His revised offender score was 4 and his revised sentence range was 129 to 171 months. The defendant requested that he receive a sentence at the low end of the range, and that his sentence run concurrently with a sentence in another case. He did not request an exceptional sentence, however. He was resentenced to 150 months, with the 48-month weapon enhancement. Subsequently, the defendant filed a second personal restraint petition.
Standard for Granting a Personal Restraint Petition
Under Washington law, granting a defendant’s personal restraint petition constitutes extraordinary relief. Thus, a personal restraint petition will only be granted in cases where the defendant meets a high standard. In cases in which the defendant alleges a constitutional error was committed, he or she must show that the error caused actual and substantial prejudice. In cases where the defendant claims a non-constitutional error was committed, however, he or she must prove the error caused a fundamental defect that inherently caused a total miscarriage of justice. In all cases, the defendant must prove that an error was committed by a preponderance of the evidence. Continue reading