Assume that Stan plans the Murder of Dave with prior calculation and malice aforethought. Stan has for weeks planned to wait for Dave when he comes out of the health club after his regular work out and shoot him in the parking lot. On the appointed day Stan is lying in wait for Dave. As Dave is getting into his car Stan comes up behind him, points the gun at Dave's head and pulls the trigger. The gun jams. Dave drives off completely ignorant of the fact that someone has just tried to kill him. Stan curses and says to himself - "I'll come back tomorrow and try it again." At this point (assuming the police can prove all of these facts) what is Stan guilty of under Ohio law? Nothing - There was no harm so no charge can be made. Attempted Assault with a Deadly Weapon Attempted Murder Attempted Reckless Assault