If Smollett falsified a police report, the charge is a Class 4 felony in Illinois, and carries a potential sentence of one to three years in prison. Smollett could also be ordered to pay restitution to compensate for the cost of the Chicago Police Department investigation.
“It’s a very, very, very serious situation,” said Phil Turner, a former federal prosecutor who now works in criminal defense in Chicago. “He’s got some very significant exposure.”…
Steve Greenberg, a Chicago defense attorney, said prosecutors could also file a charge of obstruction of justice. He said it was likely, though, that Smollett would be allowed to plead to a misdemeanor, and not serve jail time.
“They’re not going to ruin a guy’s life over this,” Greenberg said. “People make false reports all the time to the police. They get in a DUI, they call police and say, ‘My car was stolen.’ Ninety percent of the time, even if they’re charged with a felony, those people end up pleading to a misdemeanor.”