Police have 'voided' charges against the California man, who was accused of assaulting actress Lindsay Lohan Sunday morning at W Hotel Union Square, after she demanded he delete pictures he snapped of her on his cellphone, that according to a report on 1010 WINS.

Initially, police charged Christian LaBella, 25, of Valley Stream, California and a former congressional staffer -- with misdemeanor, assault and harassment in connection with the Sunday morning blowup.

According to a report on the website of KMMZ, a radio station in Kansas City, Lohan weakened her case, because 1. She refused medical treatment and 2. She took his phone -- a crime in and of itself. And it's entirely possible the NYPD will document harassment complaints against both of them.

Investigators say, Lohan, 25, met LaBella while hanging out with friends at the 1 Oak, a chic, Chelsea club on West 17th Street, between in 9th and 10th avenues, and she invited him back to her hotel room. It's not clear if the two had met before.

The Daily News reports Lohan discovered the pictures, when she and her friends returned to the hotel around 4:30 a.m. And that's when LaBella reportedly threw her down on the bed and scratched her, because she wouldn't hand over his phone. Then, she bolted from the room on the 15th Floor down several flights of stairs.

According to police, Lohan ran into LaBella on the way back upstairs and choked her, throwing her to the floor; she managed to pull a fire alarm in attempt to get help. When police got to the scene, they found the suspect trapped in a stairwell, because the alarm disabled the elevators.

This is the latest in a series of problems and missteps over the years by Lohan, who's on probation right now in the theft of a necklace. Police charged Lohan with leaving the scene of an accident earlier this month, after hitting a man outside another Chelsea club with a borrowed Porsche. And just a week ago, she landed in the an emergency room of a Manhattan hospital with a chest infection.