Empire actor Jussie Smollett was charged with disorderly conduct for allegedly filing a false report after he told Chicago police he was the victim of a racist and homophobic attack, a police spokesman said Wednesday.

"Felony criminal charges have been approved by @CookCountySAO against Jussie Smollett for Disorderly Conduct / Filing a False Police Report," spokesman Anthony Guglielmi tweeted. "Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest."

Guiglielmi said earlier on Wednesday that police suspected Smollett filed a false report, a class 4 felony.

“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," attorneys for Smollett said in a statement.


"Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense," they added.

Two law enforcement sources told CNN on Saturday that they believed Smollett paid two men to stage an attack.

"We can confirm that the information received from the individuals questioned by police earlier in the Empire case has in fact shifted the trajectory of the investigation," the Chicago Police Department said in a statement following CNN's report. "We've reached out to the Empire cast member's attorney to request a follow-up interview."

Smollett previously said he was the victim of an attack in which two men shouted racist and homophobic slurs at him, tied a rope around his neck and poured a chemical substance on him. He also told police that the men hit him and shouted “this is MAGA country,” referring to President TrumpDonald John TrumpFive takeaways from Trump-Biden debate clash The Memo: Debate or debacle? Democrats rip Trump for not condemning white supremacists, Proud Boys at debate MORE's campaign slogan, during the January incident.   

The alleged attack was being investigated as a possible hate crime. 

Smollett is set to appear for a court hearing in Chicago on Thursday at 1:30 p.m., prosecutors said.

A spokesperson for Smollett did not immediately respond to The Hill's request for comment.

— Updated 10:15 p.m.