1. On this evidence the man could be convicted of

Robbery is the taking, by force or threat of force, of the personal property of another with the intent to permanently deprive the owner of the property.

To be guilty of attempt, a person must intend to commit the target crime and take a substantial step, which constitutes more than mere preparation, toward committing that crime. To withdraw from an attempt, the person's renunciation of the criminal purpose must be voluntary and complete, and fear of being caught is not sufficient.

To be convicted of attempted robbery, then, a person must have the intent to commit a robbery and take a substantial step toward the commission of the offense.

Assault requires the intent to create a reasonable apprehension of imminent bodily harm, or the intent to commit a battery, which is the intentional and unlawful use of force against another. Words alone are insufficient to create an apprehension of imminent harm.

C is correct. The man's threat to the clerk to either give him all of the money in the cash register or to get hurt, although insufficient to support an assault conviction, does suggest that the man entered the store with the intent to take the store's money by force or fear. Further supporting this intent is that the man went behind the counter to open the cash register and take that money instead of rendering aid to the store clerk. The fact that the man ran out before actually taking the money does not alter the fact that he intended to commit the robbery before changing his mind at the last moment. Regarding a substantial step, the man entering the store, demanding the money, threatening the clerk, and going behind the counter to take the money all move beyond mere preparation and planning and would qualify as substantial steps. Therefore, the man could be convicted of attempted robbery.

A is incorrect. The man did not commit robbery, even though he intended to. Although the man used fear to try to cause the store clerk to give him the money in the cash register, the clerk fainted before he could do so, and the man ran out of the store before actually taking and carrying away the money. Therefore, because the man did not actually take and carry away the personal property of another, he did not meet all of the elements of robbery and cannot be convicted of that crime.

B is incorrect. The man did not commit an assault because there was no overt act. Without more, such as aiming a deadly weapon at the clerk, the man's generalized threat that the clerk would «get hurt» cannot constitute criminal assault. The man did nothing more than verbally threaten the clerk, and his lack of any corresponding threatening conduct does not support that he intended to follow through with his vague threat to use force against the clerk. The man's words did not create the apprehension of imminent bodily harm, and his actions were not enough to demonstrate the intent to use unlawful force against the clerk.

D is incorrect. As explained above, the man may be convicted of attempted robbery, but his vague threat that the clerk would «get hurt,» without more, is insufficient to constitute criminal assault.