Virginia Democrats propose removing minimum sentences for violent crimes

A new bill proposed by Democrats in the Virginia state legislature is raising concerns about eliminating minimum prison sentences for a variety of violent felonies.

Just days after Democratic Gov. Abigail Spanberger was sworn in, members of her party introduced a series of amendments aimed at eliminating mandatory minimum sentences for a variety of crimes in the state.

House Bill 863 includes proposals to effectively eliminate minimum sentences for manslaughter, rape, possession and distribution of child pornography, assault on law enforcement and other repeat violent crimes, according to former Republican attorney general Jason Miyares.

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Additionally, Democrats want to eliminate the mandatory five-day minimum sentence for some first-time drink-drivers.

“HB 863 is a commonsense proposal that would eliminate the one-size-fits-all minimum sentencing requirement for certain crimes,” said Delegate Rae Cousins, who sponsored the bill: accordingly ABC7.

“This change will give experienced judges in our communities greater discretion to make decisions based on the unique facts of each case. As the General Assembly session continues, I look forward to working with my colleagues to pass this legislation and promote more equitable outcomes in our justice system.”

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If passed, HB 863 would eliminate minimum sentences for involuntary manslaughter, rape, possession and distribution of child pornography, assaulting law enforcement officers and other repeat violent crimes. (iStock)

But law enforcement experts oppose the bill, expressing concerns about how lighter sentences would affect victims of violent crime.

“From a law enforcement perspective, I think police generally want criminals to be held accountable, and the frustration among law enforcement officers increases when individuals are quickly released and then re-offend, even more so when there is a violent crime,” law enforcement expert Josh Ederheimer told Fox News Digital. I think this also follows the thinking of many members of the public. I think there is more tolerance for flexibility in minor crimes.

Virginia Beach police responded to a shooting that occurred on Saturday, February 22, 2025, in Virginia Beach, Virginia. (Stephen M. Katz/The Virginian-Pilot, via AP)

Ederheimer, an assistant professor at the University of Virginia Center for Public Safety and Justice and a retired law enforcement officer, explained that police often understand the unique circumstances that may point to a defendant receiving a lesser sentence, but frustration with more serious crimes is still present.

“But the biggest practical concern in violent crimes is that the defendant will re-offend and the public is not warned or aware that the defendant is returning to the community. This is a responsibility concern that falls on the shoulders of judges and prosecutors.”

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Virginia Governor Abigail Spanberger signs executive orders after taking the oath of office at the Virginia State Capitol in Richmond, Virginia, on January 17, 2026. (Win McNamee/Getty Images)

The proposed bill would allow courts to impose sentences based on the individual facts of each case, rather than legal prescriptions imposed by the state government. However, in such cases the maximum penalties are not affected.

Ederheimer also explained that the bill could have a negative impact on victims and their families regarding the accountability of violent criminals.

“I think the police and the public have expectations that convicted criminals will be held accountable and receive full sentences,” Ederheimer said. he said. “Mandatory minimums provide assurance to victims and the community that a convicted person will serve their sentence.”

Virginia state police officers stand in the parking lot following the mass shooting at Walmart in Chesapeake, Virginia, on November 23, 2022. (REUTERS/Jay Paul)

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“If convicted criminals are released early, victims may feel a sense of betrayal or justice may not be served. That is the dilemma.”

The bill will be reviewed and likely amended by the House and Senate Judiciary Committees.

But Ederheimer added that mandatory minimum sentences may not actually incentivize violent criminals not to commit crimes, further exacerbating the complex balance between preserving justice and public safety.

“From a law enforcement standpoint, I don’t think mandatory minimums are a deterrent,” Ederheimer told Fox News Digital. “I think the defendants largely did not focus on the repercussions at the time of the crime.”