Story highlights Jonathan Kirby faces 38 years to life in prison if convicted because of third strike law

Kirby was previously convicted of voluntary manslaughter in Texas, prosecutor's office says

Burglary suspect is still hospitalized for treatment of injuries inflicted by LL Cool J

A man charged with breaking into LL Cool J's home Wednesday morning faces a long prison sentence if convicted because of his previous convictions, the prosecutor's spokeswoman said Thursday.

Jonathan Kirby, 56, suffered a broken nose, jaw and ribs when he encountered the muscular rapper-actor inside his Sherman Oaks, California, home, according to Los Angeles County District Attorney spokeswoman Sandi Gibbons.

Prosecutors charged Kirby with first degree burglary as a "third striker," which means he could face 38 years to life in prison if convicted, Gibbons said. They are asking that bail for Kirby be set at $1.1 million.

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Kirby was previously convicted of voluntary manslaughter in Dallas, Texas, in 1988. He also has auto theft, first degree burglary and a petty theft conviction in Los Angeles on his record, Gibbons said.

Arraignment for the suspect is not yet set, because he is still hospitalized for treatment of injuries inflicted by LL Cool J when he "physically detained" him, she said.

The family was sleeping when their home security alarm sounded at 1 a.m., sending LL Cool J into action, according to a Los Angeles Police statement.

After catching the man, he held him until police arrived, police said.

LL Cool J, whose real name is James Todd Smith, plays Special Agent and former Navy SEAL Sam Hanna on "NCIS: Los Angeles," a CBS crime series.