The Empire actor Jussie Smollett has been charged with disorderly conduct for allegedly faking his own purported attack and faces up to three years in jail if convicted - the latest twist to a real-life drama that has gripped the nation.

Three weeks after the 36-year-old actor filed a police report saying he had been attacked in Chicago by two masked men who hurled homophobic and racist abuse at him, police said Smollett was now being treated as a suspect rather than a victim.

The actor has been charged by Cook County State’s Attorney’s Office with disorderly conduct and filing a false police report. Police spokesman Anthony Guglielmi said detectives were now looking to arrest Smollett.

“Felony criminal charges have been approved by Cook County state’s attorney’s office against Jussie Smollett for disorderly conduct/filing a a false police report,” Chicago Police Department spokesman Anthony Guglielmi said on Twitter. “Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest.”

There was no immediate comment from Smollett’s lawyers, or his agent, over the charges statement.

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In their latest comment, released at the weekend, they said the actor was angered and “victimised” by reports he may have played a role in staging the attack. “Nothing is further from the truth and anyone claiming otherwise is lying,” Todd Pugh and Victor Henderson, said in a statement.

Smollett, who is black and came out as gay in 2015, made a tearful appearance on Good Morning America this month and said he had been “forever changed” by the alleged attack.

He said: “I will never be the man who this didn’t happen to.

“I am forever changed and I don’t subscribe to the idea that everything happens for a reason, but I do subscribe to the idea that we have the right and responsibility to make something meaningful out of the things that happen to us, good and bad.”

Asked what message he wanted to send by speaking about the attack, he replied: “I want young people, young members of the LGTBQ community, young black children, to know how strong they are, to know the power they hold in their little pinky.”

Smollett has starred in Fox’s musical drama Empire since 2015. He plays Jamal, the gay son of a music mogul, played by Terrence Howard.

Earlier on Wednesday, 20th Century Fox Television said it was standing by the star and offered its support.

“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.

Reports said that Smollett’s lawyers met with Cook County prosecutors earlier during the day. One report said the actor has not provided a follow-up interview to police, although they had now asked for one.

Cardi B reacts to Jussie Smollett's case

The Washington Post said while police had not publicly discussed the new evidence that prompted them to request a follow-up interview, the information emerged from interviews with two individuals who were arrested by officers last week and released on Friday without being charged. Police say at least one of the two men – brothers of Nigerian descent – worked on the show.

The men were questioned after surveillance camera footage showed they were walking on a sidewalk near where Smollett said he was assaulted. The case took another turn on Tuesday after Chicago police began investigating a claim that Smollett was seen inside his apartment building with the two men. That proved to be a false lead.

The saga surrounding Smollett’s claim that he was attacked exposed a cultural fault line within the country, especially after inconsistencies about his story grew. Many initially said the incident underscored the toxic environment confronting people of colour in the US, and sought to blame Donald Trump and his rhetoric for fuelling such a situation with his frequently racist rhetoric.

By contrast, as reports revealed police in Chicago were struggling to substantiate the actor’s claims, many on the right used the incident to attack the media and progressives.

One of the most outspoken of those, was the president’s eldest son, Donald Trump Jr, who repeatedly questioned why people from “Hollywood” who had denounced the reported attack, had not then admitted they were wrong.