Empire star Jussie Smollett was arrested police early Thursday after he was charged with allegedly filing a false police report – weeks after he told Chicago police that he was the victim of a horrific racist and homophobic attack.

Chicago police announced about 5:30 a.m. that Smollett was taken into custody for the felony charge of disorderly conduct in falsifying a police report. The class 4 felony is punishable by up to three years in prison. A bond hearing is scheduled for Thursday afternoon.

Smollett’s lawyers said that the actor plans to mount “an aggressive defense” against the charge. 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,” the statement said, according to the Associated Press.

Smollett, who is black, openly gay and is known for a portraying a character who is also gay, allegedly told police that he was assaulted by two men in the early hours of Jan. 29. Smollett said that the attackers beat him, used racist and homophobic slurs, splattered him with chemicals, draped a rope around his neck and shouted, “this is MAGA country.”

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Jussie Smollett False Police Report