The man accused of attacking Lindsay Lohan in a Manhattan hotel room yesterday morning is out of jail and not facing any charges stemming from the incident -- but Lindsay might.  Authorities say Christian LaBella was released because Lohan didn't appear to have any serious injuries and she declined any medical treatment.   LaBella is a former staffer for Collinsville Republican Congressman John Shimkus in his Washington D.C. office.

However, Lindsay could end up being charged with harassment for refusing to return LaBella's phone to him.  The often-troubled actress is not pleased with the turn of events.  Her rep tells "AccessHollywood" it's "both distressing and outrageous."  LaBella, was taken into custody early Sunday morning following an altercation with Miss Lohan.  The incident took place after a night out partying as LaBella allegedly attacked Lindsay when she refused to give him back his phone after discovering he'd taken pictures of her.

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