Bebe Rexha Assailant Could Possibly Have Charges Dropped After 40 Days of Community Service

After hitting Bebe Rexha in the head with a thrown phone during her June 2023 concert in New York City, Nicolas Malvagna could potentially have his charges dropped.

At a Feb. 9 court hearing, the New Jersey resident took an offer for his charges to be dismissed after completing 40 days of community service, as long as he doesn't violate a six-month order of protection. Rolling Stone was first to report the news.

Malvagna has been active in community service since the incident and told the court the Manhattan District attorney had offered to "move for an adjournment in contemplation of dismissal," per the outlet.

"Mr. Malvagna has voluntarily agreed to complete private community service, and in return all of the criminal charges against him will be dismissed and sealed," Malvagna's lawyer, Todd Spodek, told PEOPLE in a statement about his client, whose next court date is June 20.

Reps for Rexha did not respond to PEOPLE's request for comment.

Following the "I'm Good (Blue)" singer's show at The Rooftop at Pier 17 in lower Manhattan over the summer, Malvagna was arrested on several misdemeanor charges: two counts of third degree assault as well as second degree aggravated harassment, third degree attempted assault and second degree harassment.

According to the criminal complaint at the time, Malvanga was taken into custody, admitted to throwing the phone and told police, "I was trying to see if I could hit her with the phone at the end of the show because it would be funny."

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During the show, the phone hit Rexha on the forehead, splitting her eyebrow and requiring stitches. Rexha, 34, was escorted off the stage and treated by a medical team at the venue, as seen in footage shared via X (formerly Twitter). 

Police confirmed Rexha was taken to a nearby hospital in stable condition. The pop star posted on her Instagram days later to show fans she was OK, sharing a selfie of her stitches and a burgeoning black eye. "I'm good," she wrote in a nod to both her health and her latest hit.