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The Los Angeles Police Department has officially charged Jonathan A. Kirby, the suspected burglar captured by NCIS: LA star LL Cool J earlier this week, with first-degree burglary.

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The District Attorney announced Kirby was charged as a felony Third Striker, which would make the 56-year-old transient eligible for stricter punishment (38 years to life in prison) if convicted.

The intruder, captured Wednesday, is currently recovering from a broken nose, jaw and ribs after the actor discovered Kirby in the kitchen of his Sherman Oaks, CA home during the night. LL Cool J escaped the incident unharmed.

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Prosecutors are expected to request bail be set at $1.1 million.

In a statement to ET, a rep for LL Cool J said that he and his family were safe and appreciated the thoughts and concern from fans. "As a father, husband and citizen, LL Cool J is committed to keeping his family safe and is cooperating with authorities on this private matter."