The person who allegedly threw a drinking glass at Jamie Foxx inside a famous Beverly Hills restaurant will NOT face criminal charges.

Nathan Hochman, the Los Angeles County District Attorney, declined the case against the alleged glass-thrower due to a lack of evidence … according to NBC4 LA.

We broke the story … Jamie claimed back in December he was hit by a glass at Mr. Chow and suffered a cut to his face … and he wanted to press charges.

The buildup to the alleged incident included claims that someone used a laser-pointer to project a penis onto Jamie’s table … where he was celebrating his birthday with a large group of people, including his daughters.

As we first told you … the alleged penis laser-pointer stunt was organized by members of the “Jackass” production team who were also eating at the restaurant … and it enraged Jamie, who marched over to tell them to cut it out … and that’s when a heavy drinking glass was allegedly thrown. Jamie said he was hit in the face and suffered a cut that needed stitches.

The Beverly Hills Police Department investigated and reportedly believed they had the person who threw the glass in custody … but Hochman declined to file criminal charges.