Kiefer Sutherland Assault Charge May Be Dismissed

UPDATED 05/22/2009 at 09:10 PM EDT Originally published 05/22/2009 at 08:30 PM EDT

Kiefer Sutherland Assault Charge May Be Dismissed
Kiefer Sutherland
Paul Drinkwater/NBCU
Kiefer Sutherland and the alleged victim of a headbutting incident have resolved their differences, clearing the way for an assault charge against the actor to be dismissed.

Sutherland apologized to fashion designer Jack McCollough, who had claimed the 24 star broke his nose in a scuffle at a New York nightclub May 5.

"I am sorry about what happened that night and sincerely regret that Mr. McCollough was injured," Sutherland said in a joint statement released to the Associated Press.

McCollough said in the statement: "I appreciate Mr. Sutherland's statement and wish him well," according to AP.

The resolution of their differences increases the chances the Manhattan District Attorney will ask the judge that the case be dropped. Sutherland, 42, was charged with third-degree assault, a misdemeanor. Sutherland's next scheduled court is June 22.

Sutherland, who's currently serving a five-year probation term for a second DUI conviction, may not be off the hook with L.A. prosecutors, who've stated their intention to review the New York case as a possible probation violation and could seek possible jail time.

"We have requested the incident report from NYPD and we will assess the situation when we have all the available information," L.A. City Attorney spokesman Frank Mateljan tells PEOPLE.

Additional reporting by KEN LEE

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