Instead, he will be subject to an informal hearing with the LA City Attorney's Office to discuss the holiday melee.
The news comes after it was agreed by all parties involved in the brawl -- Aubry, Berry and her French actor fiance Olivier Martinez -- to avoid a messy criminal trial.
It is alleged that Aubry (37), who is the father of Berry's four-year-old daughter Nahla, assaulted Martinez.
Despite being the alleged aggressor, Aubry came off worse following the brawl and was left with bloodied and bruised face as well as a broken rib.
Trained boxer Martinez (46) suffered a damaged hand in the fight after detectives say he was forced to defend himself.
The fight occurred on Thanksgiving morning in LA after Aubry dropped off his four-year-old daughter with Halle (46) at their home.
According to reports, Martinez followed him outside and told him "they needed to talk".
Gabriel is said to have pushed the French actor and then lashed out at his face, hitting his shoulder instead.
According to the police sources, Olivier then struck three quick punches to Gabriel's face in self defence.
This resulted in the injuries and bruises the Calvin Klein model has been sporting since.
No date has yet been set for the hearing. It is reported the model may be ordered to get anger management classes following the hearing as police are said to still be concerned about his anger issues.
According to a source, police remain concerned about the model's ongoing anger issues and have said: "It seems he's still having a hard time getting over his break-up with Halle."