The Get Him To The Greek star is accused of throwing a photographer's iPhone through a building's window after a heated argument.
Brand posted $5,000 (£3,125) bail and faces up to two years behind bars after New Orleans, Louisiana police listed the incident as a felony. It was first reported he would face a minor fine for criminal damage but it was elevated because the value of the window and iPhone exceed the maximum $500 (£312) fine.
However, the outspoken comedian has now hit back - hiring renowned New Orleans lawyer Robert Glass to defend the charge.
Glass tells E! News, ""We're going to fight it.""
Editors at TMZ.com report Glass will argue the damages are less than $500 and Brand has already paid $240 (£151) to fix the window.