Bebe Rexha's alleged attacker wasn't trying to hurt her with his phone throw -- but rather, just attempting to get her to use his phone personally for some snapshot fun ... so says his attorney.
Todd A Spodek, a lawyer for Nicolas Malvagna, tells TMZ ... "As a fan, Mr. Malvagna's sole intention was to have Ms. Rexha take photos with his phone, and return it as a keepsake. It was never his intention to injure Ms. Rehxa."
Spodek says Nicolas deeply regrets his actions Sunday night ... and hopes Bebe has a speedy recovery.
Of course, this new explanation seems to contradict what the Manhattan D.A.'s Office claims a witness told them Malvagna said after the incident, allegedly claiming he just wanted to see if he could hit her, thinking it'd be funny.
We should note ... in the video, there's no indication whatsoever that Bebe was even aware of Nicolas in the crowd -- let alone his supposed desire to have her use his phone.
As we reported, BR was in the middle of performing when the phone was flung at her from the crowd, striking her in the face and sending her to the ground in serious pain.
The incident caused Bebe to get stitches and some nasty bruises. While she says she's okay, the big picture, the phone throw clearly left its mark. As for Malvagna -- he was arrested and charged for his dumb stunt.