CHICAGO (CBS) -- "Empire" actor Jussie Smollett has now been charged with disorderly conduct for filing a false police report, the Cook County States Attorney says.
Disorderly conduct is a Class 4 Felony. CBS 2 Legal Analyst Irv Miller says Smollett could face probation to up to 1.5 years in prison.
He is expected in bond court tomorrow at 1:30 p.m.
Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest, according to a spokesman for the Chicago Police Department.
Smollett's attorneys released the following statement following the charge:
"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."
Detectives presented evidence before a Cook County grand jury, police say.
The brothers' attorney Gloria Schmidt spoke to the media after the brothers testified in front of the grand jury for 2.5 hours.
"I think the biggest thing for the American people to know is that this story has a lot of complications to it," Schmidt said.
Schmidt says the brothers are not expecting to be charged with any crime "because they are not guilty of anything."
"I think Jussie's conscience is not letting him sleep tonight," Schmidt said. "So he should unload that conscience and just come out to the American people what actually happened."
CBS 2 was first to obtain video of two men linked to the attack on "Empire" actor Jussie Smollett buying a red hat and ski masks from a store the day before the assault.
The video shows Ola and Abel Osundairo placing the masks and a hat on the counter. Smollett has claimed two men wearing a similar hat and masks attacked him on Jan. 29 in Streeterville, according to police. CBS 2's Charlie De Mar made multiple phone calls and visited several stores to obtain the video.
The brothers were seen entering the grand jury room at the Leighton Criminal Courthouse on Wednesday.
The Osundairos were arrested last week, but later released without charges.
Sources have said the two brothers told police they helped stage the attack with Smollett. They said they were paid $3,500 to pour a chemical on the actor, and place a rope around his neck, while yelling racist and homophobic slurs.
The two brothers told police Smollett also was behind creating a racist letter sent to the show, according to two sources with first-hand knowledge of the investigation.
When that letter did not get a "bigger reaction," Smollett orchestrated the attack a week later with the two men, sources said.
Meantime, Fox Television has denied rumors that Smollett is being written off of "Empire."
"Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show," the company said in a statement.
Smollett has lawyered up—way up—hiring Los Angeles-based attorney Mark Geragos.
CBS 2's Brad Edwards confirms Geragos will serve on Smollett's defense team, which will still be led by Chicago-based attorneys Todd Pugh and Victor Henderson.
Geragos' client list includes pop star Michael Jackson, actor Winona Ryder, and singers Chris Brown and Sean "Diddy" Combs.
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