The lawyer representing New York paparazzo Sheng Li has called for a federal probe and grand jury investigation into why Australian Avatar star Sam Worthington was able to walk away from assault charges.
Mark Heller says Li suffered a torn rotator cuff and tendons, bulging discs in his back, and limitations to his fingers after Worthington and girlfriend Lara Bingle "brutally" attacked the photographer on February 23.
Worthington received a conditional discharge on a misdemeanour assault charge, allowing the actor to avoid a jail sentence or fine, while Li still faced harassment, assault and reckless endangerment charges.
"I'm a criminal lawyer of 45 years from a three-generation firm," Heller, who has represented celebrities including Lindsay Lohan and reality TV star Jon Gosselin, told AAP.
"In my 45 years I have never seen such a travesty of justice."
Heller has filed a complaint with federal prosecutors about how the New York County District Attorney's Office treated Worthington.
The lawyer also asked the District Attorney for a grand jury to probe the case.
Heller and Li were not notified of the court proceedings held last month where the deal with Worthington was approved, the lawyer said.
The February 23 incident was captured on video by Li and other photographers, and Heller has also called for Bingle to be charged for her involvement.
"He was brutally assaulted," Mr Heller, referring to his client, said.
"He is probably going to undergo $US50,000 ($A54,000) or more of medical care and treatment.
"For them to have allowed him (Worthington) to advance the case covertly without even notifying the victim and not provide for a future order of protection and not to arrange to facilitate restitution of medical expenses, is shocking."
Heller said he could only presume the prosecutor was a "starstruck fan" of Worthington.
"I've asked the District Attorney to commence a grand jury investigation and I've asked the Justice Department to investigate this violation of my client's civil rights."
The incident happened after Bingle accused Li of kicking her.
Worthington's lawyer, Stacey Richman, told AAP last week the "the district attorney evaluated the facts of the situation" before agreeing to adjourn the charges for dismissal.
Li, who was charged with harassment, assault and reckless endangerment, is scheduled to appear in a Manhattan court on Thursday.
Heller did not rule out Li launching a civil case against Worthington and Bingle.
"It's always an option, but right now our focus is on bringing about justice on this criminal matter," Heller said.
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