"We are filing this charge now rather than waiting until the BAC report is received, which we understand could take another week", District Attorney Beth McCann said.
FBI Agent Chase Bishop was booked on suspicion of second-degree assault after his service pistol fell from his trousers while he was dancing in a nightclub. Denver police said last week that the agent could face possible charges pending the results of lab testing to determine if alcohol was a factor.
As he picks up the gun from the floor, it fires.
The victim's injuries were serious but not life threatening and they have been released from hospital. As he grabs the gun, it can be seen firing. Bishop has been charged with assault and additional charges might be filed.
Bishop was showing off his moves in the center of a dance circle at Mile High Spirits bar on June 2 when he launched into a back handspring.
A former Federal Bureau of Investigation agent told 9NEWS that an agent who accidentally discharges a weapon will be automatically suspended for three days without pay.
"Then I looked at my leg and see some brown residue". All of a sudden from the knee down it became completely red.
Spokeswoman Amy Sanders said: "The FBI will continue to fully cooperate with the Denver Police Department and the Denver District Attorney's Office as this matter proceeds through the judicial process".
"I originally thought, like, when I found out I got shot it was an altercation I got hit in the crossfire of, because civilian casualties like that, those happen".
One person was struck in the lower leg and was expected to survive, police said.
Denver police spokesman Doug Schepman said in an email that once the investigation into the shooting is complete, the department will review the actions of its officers.