Virginia Democrats propose removing minimum sentences for violent crimes

A new bill proposed by Democrats in the Virginia state legislature raises concerns about removing minimum prison sentences for various violent crimes.

Days after Democratic Gov. Abigail Spanberger was sworn in, members of her party introduced a series of amendments aimed at ending mandatory minimum sentences for various crimes within the state.

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

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Virginia Gov. Abigail Spanberger pauses as House Speaker Don Scott, D-Portsmouth, attends inaugural ceremonies at the Capitol in Richmond, Va., Saturday, Jan. 17, 2026. (Steve Helber/AP Photo)

Additionally, Democrats are also considering eliminating the five-day mandatory minimum sentence for certain first-time drunk driving offenders.

“HB 863 is a common-sense proposal that eliminates the requirement for universal minimum sentences for certain crimes,” said Delegate Rae Cousins, who sponsored the bill: according to ABC7.

“This change would give experienced judges in our communities more latitude 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, assault on a law enforcement officer and other repeated violent crimes. (iStock)

However, law enforcement experts oppose the bill while expressing concerns about the impact the possibility of more lenient sentences could have on victims of violent crimes.

“From a law enforcement perspective, I think police generally want offenders to be held accountable, and frustration among law enforcement officers increases when individuals are released quickly and subsequently reoffend — and even more so if it’s a violent crime,” law enforcement expert Josh Ederheimer told Fox News Digital. I think this also reflects the thinking of many members of the public. I think there is more tolerance for flexibility for minor infractions.

Virginia Beach Police respond to a shooting that occurred 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, went on to explain that police generally understand the unique circumstances that may indicate a defendant receives a lesser sentence, but that frustration still exists with more serious crimes.

“For violent crimes, however, the greater practical concern is that the defendant reoffends and the public is not alerted or aware of the defendant’s return to the community. This is an accountability concern that falls to judges and prosecutors.”

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

The proposed bill would allow courts to impose sentences based on the individual facts of each case, rather than statutory mandates implemented by state government. However, this does not impact the maximum penalties in such cases.

Ederheimer further explained that the bill could negatively impact victims and their families when it comes to accountability for violent offenders.

“I think the police and the public expect that convicted criminals will be held accountable and that full sentences will be served,” Ederheimer said. “Mandatory minimum sentences assure victims – and the community – that the person found guilty will serve their time.”

Virginia State Police officers stand in the parking lot after a mass shooting at a Walmart in Chesapeake, Virginia, U.S., November 23, 2022. (Reuters/Jay Paul)

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“It is in circumstances where convicted criminals are released early that victims may feel a sense of betrayal or that justice has not been served. That is the dilemma.”

The bill is expected to be considered by the House and Senate Judiciary Committees, where it will likely be amended.

However, Ederheimer added that mandatory minimum sentences may not actually encourage violent offenders not to commit crimes, further adding to the complex balance between upholding justice and community safety.

“From a law enforcement perspective, I don’t think mandatory minimums have a deterrent effect,” Ederheimer told Fox News Digital. “I think most defendants are not focused on the repercussions at the time of their offense.”