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Russell Brand

Jackson Lee / Splash News

It appears Russell Brand is not going to take that phone-tossing felony charge lying down.

Just days after the Arthur star racked up a simple criminal damage to property charge after smashing an office window with a paparazzo's iPhone, Brand's New Orleans attorney, Robert Glass, told E! News, "We're going to fight it."

But how will they fight it?

Brand reportedly plans to claim he was provoked by the paparazzi, which led him to grab and fling photographer Timothy Jackson's cell phone.

Katy Perry's former hubby turned himself in to New Orleans police Thursday afternoon after a warrant was issued for his arrest.

He was booked and released about an hour later after posting $5,000 bond.

While Brand has since paid for the smashed window, no details have been released on whether Jackson's cell phone was replaced.

—Additional Reporting by Marcus Mulick