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OTRC: Lindsay Lohan assaulted by man in New York hotel room? Charges dropped

Lindsay Lohan appears in an undated photo from her official Twitter account. (Twitter.com/lindsaylohan)

Lindsay Lohan was allegedly assaulted in her New York City hotel room by a man she met at a nightclub on Saturday, September 29.

New York City police officers were called in to the W hotel, where Lohan was staying, along with Fire department EMTs, according to OTRC.com's parent company, KABC Television in Los Angeles.

Lohan told officers that she got into an argument with a man she met at the 1 Oak night club in Chelsea. She invited the man, later identified as 25-year-old Christian LaBella of California, back to her room at the W Hotel in Union Square early Sunday morning.

An argument began between the two after Lohan saw photos of herself on LaBella's phone and confronted him about them at around 4:30 a.m. Lohan claimed LaBella threw her on to the bed when she did not hand over his phone, which left scratches on her hands. The actress ran out of the room and when Lohan later returned, she told police that LaBella attacked her and choked her. He then threw her to the ground and climbed on top of her.

LaBella was pulled off of the actress by a friend of Lohan's and the actress pulled the fire alarm for help. The alarm went off and an announcement over the loudspeaker system told visitors that there was no need to evacuate the hotel. The alarm also disabled the elevators.

LaBella left the room and ran down stairs, but officers had already arrived on the scene and apprehended him. He was later identified by Lohan and a friend, according to ABC News.

Lohan was questioned about the incident and police remained outside of Lohan's room for six hours while she was questioned. She refused medical attention and was not taken to the hospital.

LaBella was also questioned by officers and hotel security in the lobby of the hotel where he told police "They thought I took pictures but I didn't."

He was later arrested, taken to the 13th precinct station and charged with misdemeanor counts of third-degree assault and harassment, ABC News reports.

"Lindsay was assaulted early this morning in a New York hotel. While she did sustain some injuries, she was not hospitalized," Lohan's spokesperson said in a statement on September 30. "The assailant was arrested and is currently in police custody. Lindsay has spoken with police and is fully cooperating with the investigation."

Update 1:04 p.m. PT: Police have dropped the charges against LaBella but will document harassment against both Lohan and LaBella, according to ABC News. Police sources told the news outlet that Lohan's taking of the phone would technically be a crime and weaken her case against him and that her refusal of medical attention would weaken any assault complaint.

Update 1:17 p.m. PT: "In wake of investigation by detectives, we anticipate cross complaints for harassment (no assault arrest)," Deputy Police Commissioner for Public information Paul Browne told ABC News in a statement.

Update 1:54 p.m. PT: LaBella is a part-time staffer who works for Republican Congressman John Shimkus of Illinois, according to ABC News. Congressman Shimkus' spokesperson released a statement to the news outlet that said, "While no one from Congressman Shimkus' office has been contacted by Mr. LaBella following his arrest, he has been an employee in the Congressman's Washington office. Obviously, the Congressman does not condone his actions. As this is a legal matter for Mr. LaBella, the Congressman nor his office will make further comment."

This is the second legal incident for Lohan, who was recently hospitalized with a lung infection. In mid-September, the actress was arrested in New York City on suspicion of leaving the scene of an accident after striking a pedestrian.

The actress struck a man while parking a 2010 Porsche Cayenne in an alley. The man, who is in his 30s, called authorities and complained of being struck. He was taken to the hospital to be treated for a knee injury.

The actress' informal probation is scheduled to end in May 2014. The Los Angeles City Attorney's Office learned about Lohan's arrest on Wednesday morning and has not indicated whether or not to open a probation violation case against her, which could lead to a jail sentence.

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