Can You Take Back a Guilty Plea in Washington?

Can You Take Back a Guilty Plea in Washington? A Case from Cowlitz County Says Yes

If you’ve pled guilty to a criminal charge in Washington but later realize it may have been a mistake, you may wonder: Is it possible to withdraw my plea? A recent decision from the Court of Appeals of Washington, Division Two, shows that the answer is sometimes yes—especially when the plea was entered without a full understanding of the law or the facts.

This post will walk through the court’s decision, explain what it means for other defendants across Tacoma, Olympia, and the surrounding areas, and offer some guidance if you’re facing a similar situation.

A Real Case from Cowlitz County: What Happened?

Let’s start with the facts of the case, based on court records from an unpublished appellate opinion.

In Cowlitz County, a man was suspected of shoplifting from a retail store. When a security guard tried to stop him, the man reportedly clenched his fist and pushed the guard to get away. Outside in the parking lot, another man struck the suspected shoplifter with a vehicle and chased him when he got up to run. The accused then allegedly pulled out a knife and gestured as if he was going to throw it. The pursuer stopped chasing, and the police arrested the suspect shortly afterward.

Following his arrest, the defendant agreed to a plea deal: he would plead guilty to one count of second-degree robbery and two counts of third-degree assault. The State amended the charges to match the plea, and a superior court sentenced him to 34 months in prison.

The Motion to Withdraw the Plea

Roughly four months after sentencing, the defendant filed a motion to withdraw his guilty plea. He raised two major issues:

He had received ineffective legal assistance, and
His plea, at least regarding the third-degree assault charge, lacked a factual basis.

A new attorney was appointed. The defendant’s former lawyer admitted during testimony that he had misunderstood key elements of Washington robbery law. Specifically, he had failed to inform his client that a robbery requires the victim to have a possessory interest in the stolen item. In this case, neither the security guard nor the man who chased the defendant had such an interest. This potentially invalidated the robbery charge altogether.

The defendant testified that he would not have accepted the plea if he’d known that the robbery charge was likely unsupported—and that without it, his maximum sentence would’ve only been about the same length (36 months) anyway.

Despite this, the trial court denied the motion.

What the Appeals Court Decided

The defendant appealed. The Court of Appeals of Washington, Division Two, reversed the lower court and ruled in the defendant’s favor.

Key Takeaways from the Ruling:

The third-degree assault plea was involuntary.
The appeals court found that the record failed to show that the defendant fully understood the law, the facts, and how they related to each other. Without this understanding, a plea cannot be considered voluntary.
There was no factual basis for assault to avoid lawful apprehension.
One of the State’s justifications for the assault charge was that the defendant acted to avoid being lawfully apprehended. But the appellate court found the facts did not clearly support that conclusion.
The plea agreement was a single, indivisible deal.
Because the guilty plea covered multiple charges in a single proceeding, and one of those charges was entered involuntarily, the defendant had the right to withdraw the entire plea—not just the assault portion.

The Outcome:

The court sent the case back to the superior court and ordered it to allow the defendant to withdraw his guilty plea.

What This Means for Criminal Defendants in Tacoma and Beyond

This case highlights a critical point: you can’t be forced to stick with a guilty plea that wasn’t knowingly and voluntarily made.

If your defense attorney gave you incomplete or incorrect legal advice—or if you didn’t fully understand the implications of your plea—you may have legal grounds to challenge it.

Grounds for Withdrawing a Guilty Plea in Washington:

Ineffective assistance of counsel
Lack of factual basis for the plea
Misunderstanding of the charges or consequences
Coercion or duress
Procedural errors by the court

Hypothetical Example: Pleading Guilty Without Full Understanding

Let’s say a Tacoma resident is charged with felony assault after a bar fight. His public defender advises him to take a plea deal to avoid jail time, telling him the alternative is a long sentence. But later, he learns the so-called “victim” had a history of provocation and may have initiated the fight. Surveillance footage wasn’t reviewed. If that person pleads guilty based on incomplete advice or without key facts being known, it might be possible to revisit that plea.

Every case is different, but the law is clear: a guilty plea must be voluntary and based on a full understanding of the facts and charges.

How a Criminal Defense Lawyer Can Help

At the Law Offices of Smith & White, we regularly handle cases involving:

DUI charges in Tacoma and Pierce County
Assault and domestic violence allegations
Drug-related charges
Theft, burglary, and robbery cases
Motions to withdraw guilty pleas or vacate convictions

We understand the stress and confusion that comes with being charged—and especially with feeling like you’ve made a mistake in accepting a plea.

Our legal team will thoroughly review your case, including your prior attorney’s conduct, the evidence against you, and the details of your plea deal. If there’s a basis to challenge it, we’ll build the strongest case possible to fight for your rights and your future.

FAQ: Withdrawing a Guilty Plea in Tacoma, WA

Can I change my mind after pleading guilty in Pierce County?
Yes, under certain conditions. You must usually file a motion within a reasonable time and demonstrate a valid legal basis (e.g., ineffective counsel, lack of understanding, etc.).

What if I already started serving my sentence?
It may still be possible to withdraw your plea, as in the case described above. Timing and legal strategy matter—consult a lawyer immediately.

Does this apply to misdemeanors or only felonies?
Both. The standards for plea withdrawal apply regardless of the charge level, though the details of your case will influence the outcome.

Facing Criminal Charges in Tacoma? You Have Options.

Whether you’re in Tacoma, Olympia, Kent, or Port Orchard, being charged with a crime—or regretting a plea—is not the end of the road. The law provides options for those who were misled, confused, or not fully informed.

At Smith & White, we believe no one should be stuck with a bad deal because of bad advice.

Facing criminal charges or want to revisit a plea? Don’t navigate the system alone—reach out to our Tacoma office today. Call us at (253) 203-1645 or contact us online. We’re here to help.