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R.2 - attempted theft is very much a crime.
In a comments section full of errors and terrible advice, I waded through the usual mistakes (no, you can’t “countersue” for attorneys fees because you won a case; no, perjury is not a tort and you can’t sue someone for committing perjury; no, lost wages for time spent litigating are not [generally] damages; no, you can’t sue someone for defamation based on their statements in court) to find this absolute gem.
The confident certainty with which they declare that “attempted theft is not a crime” is a spectacle to behold.
That is your doctor looking out for you, not assault. Not even close. Asault is a threat of battery (unwanted touching.) Even in States that have redefined assault as attempted battery, no. Fun fact, California criminal assault is attempted battery, but civil lawsuit can use either the criminal definition or common law definition.
R2: OP receives guidance to find a criminal defense attorney who will take the case on a contingent fee basis. Below, another respondent asserts that it is "illegal" to do criminal defense work on a contingent fee basis--at least in my jurisdiction it's not illegal, but it is a violation of the rules of professional conduct.