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.
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."