Lindsay Lohan won't be charged in NY club fight, attorney predicts Signing paperwork at a New York courthouse on Monday, Mark Jay Heller, Lindsay Lohan's attorney, predicted there will be no case against the actress in connection with an alleged fight at a Manhattan nightclub. Office of Court Administration spokesman David Bookstaver confirmed that a criminal complaint has not been drawn up at this time. The district attorney's office said only that the investigation is continuing. Lohan was charged with misdemeanor assault in the Nov. 29 incident at Club Avenue. The "Mean Girls" and "Liz & Dick" star allegedly struck Tiffany Mitchell, 28, of Palm Beach, Fla., in the face during an argument at the trendy lounge in Manhattan's Chelsea district. Lohan had attempted to get her career back on track at the start of last year, posing for Playboy and starring in "Liz & Dick."