Anthony Guglielmi, Chief Communications Officer for the Chicago Police Department, revealed the news on Twitter on Wednesday evening.
"Felony criminal charges have been approved by @CookCountySAO against Jussie Smollett for Disorderly Conduct / Filing a False Police Report. Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest," Guglielmi wrote.
The Cook County State's Attorney's Office confirms to ET that Smollett has been charged with felony disorderly conduct. A bond court hearing is set for 1:30 p.m. on Thursday.
In a statement to ET, Smollett's attorneys, Todd Pugh and Victor Henderson, say: “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. Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense."
Smollett has maintained he was a victim and did not orchestrate the Jan. 29 attack. Fox, the studio and network behind Empire, has no comment.
Felony criminal charges have been approved by @CookCountySAO against Jussie Smollett for Disorderly Conduct / Filing a False Police Report. Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest. pic.twitter.com/LvBSYE2kVj
"Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury," he tweeted.
CBS News reported on Saturday that Nigerian brothers Abel and Ola Osundairo -- who were previously arrested last week and then released without charges -- claimed to police after their home was raided that Smollett knows them and further alleged that the actor "paid them to participate in the alleged attack." Smollett has vehemently denied this accusation through his lawyers. According to the brothers' attorney, Ola worked as an extra on Empire in season two, while Abel was Smollett's personal trainer.
Charlie de Mar of CBS affiliate WBBM told ET on Tuesday that per his sources, the brothers told detectives that they rehearsed the attack with Smollett a few days before the incident. Sources also claimed that the actor paid them $3,500 for the alleged attack. De Mar said he spoke with Abel and Ola on Monday, and they told him they would never commit a hate crime, insisting, "We are not racist. We are not homophobic."