The Los Angeles District Attorney has declined to file felony charges against the man accused of attacking Dave Chappelle on stage Tuesday night during a stand-up comedy show, the DA’s office said Thursday—but misdemeanor charges are still possible.

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In a statement to Forbesthe DA said prosecutors determined “while criminal conduct occurred, the evidence as presented did not constitute felony conduct.”

The DA’s office referred the case to the Los Angeles City Attorney’s Office, which could file misdemeanor charges.

Carla Sims, a representative for Chappelle, told Forbes on Wednesday the comedian is “fully cooperating” with the police investigation.

Forbes has reached out to the LA City Attorney’s Office and Chappelle for comment.