This is just not thought through.

If I try to rob a bank with a plastic toy gun, the charge which I would be arrested for would not be "bad behavior that had no chance of accomplishing anything", it would be "bank robbery". Just "bank robbery", full stop. The abject failure of my attempt would have no bearing at all on that charge.

The argument that "he had no chance of accomplishing anything" has no bearing at all on intent.

"He didn't try" is not in any sense the same thing as "he was nowhere close to succeeding". The goalposts have moved between those 2 statements.