The `Boyfriend` singer had a run in with a paparazzi photographer on Sunday (27.05.12), and the case is being referred to the Los Angeles County District Attorney for possible criminal prosecution.
Website TMZ says the police have decided to refer the case to prosecutors even though their investigations are not complete, a fairly common practice in high profile cases.
If Justin were charged and convicted of criminal battery, he could face up to six months in jail. Police also want to speak to Justin, 18, about the incident, but he is currently in Norway.
The scuffle occurred at The Commons mall in Calabasas, California, when the photographer tried to take a picture of the `Never Say Never` singer and his girlfriend, Selena Gomez.
Following the altercation, the photographer called the police before he was taken to hospital complaining of chest pains, although he was discharged shortly afterwards. He later filed a police report naming Justin as the culprit. When police arrived at the scene, Justin and Selena had already left, but they spoke to witnesses.
Another photographer who was at the mall has said the paparazzi who got hurt was the one in the wrong. The source said: "He absolutely stepped over the line. He not only blocked Justin from the car but appeared to say something ugly - just to make the kid lose his temper."