The Mean Girls star was detained by police in the early hours of Thursday morning (29Nov12) after a woman claimed she was punched by the actress at Club Avenue in Manhattan.
Lohan was booked on a third-degree misdemeanour assault charge and released, and her lawyer, Mark Heller, has now spoken out to insist the troubled actress, who has endured numerous stints in rehab, was not intoxicated at the time of the incident.
He tells E! News, ""I can tell you when I was with her this morning; she was in great condition. She was certainly not intoxicated, certainly not under the influence of drugs. She was clear (and) lucid, her eyes were clear. No alcohol involvement whatsoever on this occasion... She was perfectly appropriate. And the police made note of that.""
Heller also revealed police officers will be reviewing security camera footage from inside the nightclub and he believes the tape will prove Lohan's innocence.
He adds, ""We are going to be working very earnestly to establish that no charges should even be lodged. (The police) have already made arrangements to get the video from the... club, which hopefully will reveal some exonerating information. After that, they could just walk away from the case and decline to even prosecute. She... went through a very rough ordeal.""
Lohan is due to face the charge in court at an arraignment hearing on 7 January (12).
The news comes after the star's mother, Dina, released a statement thanking fans for their support in the aftermath of Lohan's latest legal drama. It reads, ""I kindly ask that you extend to my family the time we need to address my daughter's circumstances with the appropriate parties... Many thanks to all that have expressed concern for my daughter. Your compassionate thoughts and prayers are received with my deepest gratitude.""