The British actor hurled the paparazzo`s cell phone at a glass window in New Orleans in March, and the city`s Parish District Attorney`s office has decided to move forward with the case and charge him for misdemeanour criminal damage on 25.07.12.
Russell - who split with Katy Perry after 14 months of marriage in December 2011 - could face up to six month in jail if he is convicted of the offence.
He has already hired a lawyer to deal with the case.
Speaking at the time of the incident earlier this year, Russell joked he did what he did because he had been upset at the misuse of the iPhone following the death of Apple founder Steve Jobs.
He wrote on twitter: "Since Steve Jobs died I cannot bear to see anyone use an iphone irreverently, what I did was a tribute to his memory. (sic)"
It is the second legal incident Russell has been involved with this month - his divorce from Katy was finalised after the six months cooling off period required by Californian was reached.