The woman, who has not been identified, alleged that Gooding touched her breasts at the bar on Sunday night, the network said, citing law enforcement sources. He said there's a video that shows "what really happened".
The actor denied the allegations but said he would turn himself, expressing his faith in the system.
On Wednesday evening, Heller told TMZ he had viewed surveillance video from the bar and said it showed "absolutely no criminality taking place on the part of my client". Gooding was involved in another bar-related incident in New Orleans in 2012.
Heller said Gooding had "no knowledge" of the alleged 2008 incident, which falls outside the statute of limitations for any potential charges.
Cuba Gooding Jr. was charged with forcible touching of a woman, Fox News confirms.
"All I have to say is the following, in this time and age we need to let people speak for themselves, we have to let people express themselves".
Mr. Heller explained he has tried to contact the Manhattan District Attorney's Sex Crimes Unit, but is still waiting for a return phone call as he wants to know if they have seen the video.
Cuba Gooding Jr. has surrendered himself to the New York Police Department following allegations of sexual misconduct.
Police issued a misdemeanor battery warrant for his arrest, CNN reported at the time, but the bartender eventually dropped all charges.
As for Sunday night, Gooding told TMZ that he was at Magic Hour partying with friends but didn't touch anyone.
Videos posted on social media at the weekend show Gooding at the Manhattan bar singing the Journey hit Faithfully and posing for pictures with fans.
Gooding, a native of New York's Bronx borough, rose to fame after starring in Boyz N the Hood in 1991. He also recently scored an Emmy nomination for his performance as O.J. Simpson on FX's "The People v. O.J. Simpson".