Virginia Democrats are wasting no time after Gov. Abigail Spanberger took office, rolling out legislation that has law enforcement shaking their heads — and not in admiration. A new proposal would eliminate mandatory minimum prison sentences for a long list of violent felony crimes, all in the name of “fairness.”
House Bill 863, according to former Republican Attorney General Jason Miyares, would effectively remove minimum sentencing for crimes such as manslaughter, rape, possession and distribution of child pornography, assaulting a law enforcement officer, and other repeat violent felonies. Democrats are also seeking to eliminate the mandatory five-day minimum sentence for certain first-time DUI offenders. Apparently, accountability is now considered “optional.”
Delegate Rae Cousins, the bill’s sponsor, called the measure “common sense,” arguing it would end “one-size-fits-all” sentencing and give judges more discretion based on the facts of each case. She said the goal is to promote “fairer outcomes” in Virginia’s justice system. Translation: less certainty for victims and more flexibility for criminals.
Law enforcement experts aren’t buying the sales pitch. Josh Ederheimer, a retired law enforcement officer and assistant professor at the University of Virginia’s Center for Public Safety and Justice, warned that removing mandatory minimums could fuel frustration among police and put communities at risk.
“From a law enforcement standpoint, police generally want offenders to be held accountable,” Ederheimer said. “Frustration grows when individuals are released quickly and then re-offend — especially when it involves a violent felony.” He noted there is some tolerance for flexibility with minor offenses, but not when it comes to serious crimes.
Ederheimer added that the biggest concern with violent felonies is the likelihood of re-offending and the lack of public awareness when dangerous individuals return to the community. “It’s an accountability concern that falls on the shoulders of judges and prosecutors,” he explained.
The bill would still allow judges to impose maximum penalties, but it removes the statutory requirement that certain minimum sentences be served. In other words, the guardrails come off, and everyone just hopes for the best.
According to Ederheimer, this shift could also be devastating for victims and their families. “Mandatory minimums assure victims — and the community — that a convicted person will serve their sentence,” he said. Without them, that assurance disappears.
Virginia voters already sent a clear message in past elections that they care about public safety and strong law enforcement. If Democrats insist on pushing policies that weaken consequences for violent crime, they may find that voters remember exactly who decided criminals deserved more sympathy than victims.
The good news is that Virginians are paying attention — and when citizens stay engaged, they can still protect their communities and keep justice from becoming just another political experiment.
