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, according to PEOPLE. McCollough said in the statement: “I appreciate Mr. Sutherland’s statement and wish him well.”

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.

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