Swing-and-a-miss refers to an overt act intended to cause bodily harm with the assailant having present ability to inflict harm. What is this commonly called?

• A. Assault
• B. Attempted battery
• C. Battery
• D. Hate crime

Answer: (B)

Swing-and-a-miss demonstrates an attempt to cause harmful contact without actually making it. The essential elements here are the intent to cause bodily harm, a deliberate overt act toward that goal, and present ability to inflict harm at the moment of the act, even though no contact occurs. Because the harm isn’t completed, the charge fits as an attempted offense rather than the finished one. Battery requires actual touching, which didn’t happen, so it’s not battery. Assault can cover threats or attempts to cause harm, but in this scenario the emphasis is on the completed attempt to touch and the missed contact, which aligns with attempted battery. Hate crime isn’t relevant since there’s no bias motive indicated.