But the police say he made up the story and officers produced video evidence that the group were actually challenged by security guards after they'd vandalised a petrol station toilet.
The crime faces a maximum penalty of 18 months in prison and the 32-year-old can be tried in his absence.
However, it is understood that if Mr Lochte did attend the hearing he could agree to pay a fine like fellow swimmer Jimmy Feigen, who was with him during the incident.
Mr Feigen agreed to donate nearly $11,000 (£8,300) to a Brazilian charity to resolve the case.
The US and Brazil have an extradition treaty which Brazil has flouted in the past. Authorities in the US could take the same stance if Mr Lochte is found guilty.