Jussie Smollett charged with a felony for allegedly filing a false police report

“Empire” actor Jussie Smollett has been charged with disorderly conduct for allegedly filing a false police report.

Chicago police announced late Wednesday that felony criminal charges against Smollett have been approved by the Cook County state’s attorney’s office. He faces up to three years in prison if convicted.

“Detectives will make contact with [Smollett’s] legal team to negotiate a reasonable surrender for his arrest,” said Chicago police spokesman Anthony Guglielmi Wednesday evening on Twitter.

Smollett’s attorneys stated that they plan to “mount an aggressive defense.”

“Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked,” said Smollet’s attorneys Todd Pugh and Victor Henderson in a statement to The Times. “Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense.”

The charges follow an earlier announcement that Smollett was “officially classified as a suspect in a criminal investigation … for filing a false police report” and that detectives were presenting evidence to a Cook County grand jury.

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Police initially had been investigating the Jan. 29 attack as a possible hate crime. The incident allegedly involved two people approaching the 36-year-old actor and musician while yelling racist and homophobic slurs. Smollett is gay and plays gay musician Jamal Lyon on “Empire.”

But on Saturday, Guglielmi said the trajectory of the investigation had “shifted” due to information received from two brothers who were arrested and released without charges last week. He did not elaborate on what that meant.

The brothers were identified as persons of interest in the investigation after being seen in surveillance footage around the area where the alleged attack took place.

One of the brothers was revealed to be a personal trainer Smollett had hired to ready him for a music video. The pair reportedly claimed that Smollett had hired them to carry out the attack. Smollett’s attorneys have previously disputed that claim and said the actor is “angered and devastated by recent reports that the perpetrators are individuals he is familiar with.”

On Tuesday, Cook County state’s attorney Kim Foxx recused herself from the case “out of an abundance of caution” in order to “address potential questions of impartiality based upon familiarity with potential witnesses in the case.”

According to reports, Foxx had spoken to one of Smollett’s relatives after the alleged attack was reported and “acted as a go-between with Chicago police.”

Earlier on Wednesday, Fox issued a statement of support confirming Smollett would remain a part of “Empire” despite reports that the actor’s scenes in upcoming episodes were being slashed due to the uncertainties surrounding the case, including claims that the attack was a hoax.

Times staff writer Nardine Saad contributed to this report.

tracy.brown@latimes.com

Twitter: @tracycbrown

UPDATES:

6 p.m.: This article has been updated with charges against Jussie Smollett.