Virginia Dems Push Bill to End Mandatory Minimum Sentences

Virginia Dems Move to Gut Mandatory Minimums — Even for Violent Crimes

HB 863 would let judges sidestep required prison time as critics warn of softer sentencing

Published January 27, 2026

Last week, the Democratic lawmakers in the Virginia General Assembly introduced proposals aimed at scaling back or eliminating mandatory minimum sentences for a variety of criminal offenses, including some violent offenses.

The bill, House Bill 863 (HB 863), would remove mandatory minimum prison terms for various offenses in Virginia’s criminal code. Under the current law, certain crimes come with minimum mandatory periods of incarceration that a judge must impose once a conviction is obtained. HB 863 would give judges greater discretion to tailor sentences to the facts of each case. (RELATED:)

For example, a first-time DUI offender with a blood alcohol content over a specific threshold currently faces a mandatory five-day jail term. Under the new proposal, judges could consider alternative punishments. (RELATED: Spanberger’s Day-One Orders Ignite Warning Over Housing, ICE Policy)

Democrats in Virginia have introduced a bill to eliminate mandatory minimum sentencing for rape, manslaughter, assaulting a law enforcement officer, possession and distribution of child pornography, and all repeat violent felonies. pic.twitter.com/aJ4rgefbAs
— Christian Heiens 🏛 (@ChristianHeiens) January 19, 2026

The mandatory minimums were instituted to ensure a baseline for accountability relating to serious offenses and provide consistency across cases. Removing them could allow dangerous individuals to receive lenient sentences or avoid incarceration altogether. (RELATED: New Virginia Democrat Introduces Bill Critics Say Would ‘Protect Fraud’)

Public safety officials also warn that eliminating mandatory minimum terms for violent crimes could undermine victims’ expectations of justice and reduce trust in the legal system. Law enforcement officials also say that minimum sentences serve as a safeguard against disproportionately light punishments.

This justice “reform” is also not necessarily needed as the GOP has overseen declining crime statistics over the past couple years. According to the Virginia State Police’s 2024 annual crime report, the total number of violent offenses, including murder, robbery, and aggravated assault, fell by about 7% in 2024 compared with 2023. (RELATED:)

The total around roughly 16,853 violent offenses reported in2024 versus 18,116 the year before. Homicides statewide decreased as well, showing a nearly 20% reduction in reported killings. Property crimes such as motor vehicle theft similarly showed decreases in 2024. While some city centers such as Arlington are seeing rising crime, these cities represent outlier understandings of what the states true statistics are. Including some cities that voted democrat in 2024, having the highest crime rates.