Brown County's district attorney is asking lawmakers to change what he calls an inconsistency in state law.

It mostly affects stalking or domestic violence cases and whether they're charged as a felony or misdemeanor. That can make a big difference in someone going to prison or serving much less time in jail.

Under current law, if someone breaks into a home or building with the intent to steal something, prosecutors can charge it as a felony, which has substantial consequences.

But if someone breaks into a home or building with the intent to beat up or seriously harm another person, they can only charge it as a misdemeanor with much lesser penalties.

Brown County D.A. Dave Lasee sees this happen five to ten times a year and thinks it's time the law changed.

"The current law does seem to value property over people, and I don't know that it's intentionally drafted that way but we've had that unintended outcome on a few different cases," says Lasee.

He says it most often affects domestic violence cases but has recently found the current law creating an issue in cases involving gangs and fights.

"We've had young guys go over to the house to get in a fight with other people, break into the home, and there's a fight that ensues inside," explains Lasee. "It's difficult to show that they intended to batter them severely, but we know they intended to go over there and get in a fight, and to me that's more serious than breaking into someone's garage to steal a six-pack of beer."

He asked state Rep. Andre Jacque to consider changing the law.

"It's a ridiculous situation that we really only provide that protection for property," says Jacque, a Republican from De Pere.

Jacque just drafted a proposal to upgrade the charge to a felony, giving prosecutors the option to choose the penalty that best fits each case and crime.

Lasee says there could be times where it's hard to prove a person's intent, but he feels prosecutors need that option.

Why the law is written as it is, neither man can answer, but both believe addressing it is long overdue.

"It's bothered me for awhile just because there is that inconsistency there," says Lasee.

"When people hear about it, they, again, just scratch their heads and wonder how in the world could we have this sort of inequity?" says Jacque.

The state representative is putting his proposal out for sponsorship Tuesday and hopes to get in to a committee just after the new year.