Virginia Democrats frustrate law enforcement with bill axing prison time for violent crime, expert warns

A caller measure projected by Democrats successful the Virginia authorities legislature is raising concerns regarding the removal of minimum situation sentences for assorted convulsive felony crimes. 

Within days of Democratic Gov. Abigail Spanberger being sworn in, members of her enactment introduced a flurry of amendments looking to extremity mandatory minimum sentences for assorted crimes wrong the state. 

According to Jason Miyares, the erstwhile Republican lawyer general, House Bill 863 includes proposals to efficaciously destruct minimum sentencing for manslaughter, rape, possession and organisation of kid pornography, assaulting a instrumentality enforcement serviceman and different repetition convulsive felonies. 

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Virginia Gov. Abigail Spanberger pauses arsenic House Speaker Don Scott, D-Portsmouth, looks connected during inaugural ceremonies astatine the Capitol successful Richmond Va., Saturday, Jan. 17, 2026. (Steve Helber/AP Photo)

Additionally, Democrats are besides looking to region the mandatory five-day minimum condemnation for definite first-time DUI offenders.

"HB 863 is simply a common-sense connection that eliminates the request for one-size-fits-all minimum sentences for definite crimes," Delegate Rae Cousins, who sponsored the bill, said, according to ABC 7. 

"This alteration would springiness the experienced judges successful our communities much discretion to marque decisions based connected the unsocial facts of each case. As the General Assembly league continues, I look guardant to moving with my colleagues to walk this authorities and beforehand fairer outcomes successful our justness system."

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If passed, HB 863 would destruct minimum sentencing for manslaughter, rape, possession and organisation of kid pornography, assaulting a instrumentality enforcement serviceman and different repetition convulsive felonies. (iStock)

However, instrumentality enforcement experts are pushing backmost against the measure portion expressing concerns astir however the anticipation of much lenient sentencing could interaction victims of convulsive crimes.

"From a instrumentality enforcement standpoint, I deliberation constabulary mostly privation offenders to beryllium held accountable, and vexation among instrumentality enforcement officers grows erstwhile individuals are released rapidly and subsequently re-offend – and adjacent much truthful if it progressive a convulsive felony," instrumentality enforcement adept Josh Ederheimer told Fox News Digital. I deliberation that besides tracks the reasoning of galore members of the public.  I deliberation determination is much tolerance for flexibility for insignificant offenses. 

Virginia Beach constabulary respond to a shooting connected Saturday, Feb. 22, 2025, successful Virginia Beach, Va.  (Stephen M. Katz/The Virginian-Pilot via AP)

Ederheimer, an adjunct prof astatine the University of Virginia's Center for Public Safety and Justice and a retired instrumentality enforcement officer, went connected to explicate that constabulary typically recognize unsocial circumstances that tin constituent to a suspect receiving a lesser sentence, but vexation inactive exists surrounding much superior crimes.

"For convulsive felonies, however, the biggest applicable interest is that the suspect volition re-offend, and that the nationalist is not alerted oregon alert that the suspect has returned to the community. It’s an accountability interest that falls connected the shoulders of judges and prosecutors."

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Virginia Governor Abigail Spanberger signs enforcement orders aft being sworn into bureau astatine the Virginia State Capitol January 17, 2026, successful Richmond, Virginia.  (Win McNamee/Getty Images)

The projected measure would let courts to manus down sentences based connected the idiosyncratic facts of each case, alternatively than statutory mandates implemented by the state’s government. However, it does not interaction maximum penalties successful specified cases. 

Ederheimer further explained that the measure could person a antagonistic interaction connected victims and their families regarding accountability for convulsive offenders. 

"I deliberation that the constabulary and nationalist alike person expectations that convicted criminals volition beryllium held accountable, and that afloat sentences should beryllium served," Ederheimer said. "Mandatory minimums guarantee victims – and the assemblage – that a convicted idiosyncratic volition service their sentence."  

Virginia authorities constabulary officers basal successful the parking batch aft a wide shooting astatine a Walmart successful Chesapeake, Virginia, U.S. November 23, 2022. (REUTERS/Jay Paul)

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"It is the condition erstwhile convicted felons are released aboriginal that victims whitethorn consciousness a consciousness of betrayal oregon that justness was not served. That’s the dilemma."

The measure is acceptable to beryllium reviewed by the House and Senate Justice Committees, wherever it volition apt beryllium amended.

However, Ederheimer added that mandatory minimum sentences whitethorn not really promote convulsive offenders not to perpetrate crimes, further adding to the analyzable equilibrium of maintaining justness and assemblage safety. 

"From a instrumentality enforcement perspective, I don’t deliberation mandatory minimums service arsenic a deterrent," Ederheimer told Fox News Digital. "I deliberation that mostly defendants are not focused connected repercussions astatine the clip of their offense."