Is it even illegal? And if it is, is obtaining recourse through the courts the kind of thing that cryptocurrency users want to make a habit of?
Of course, if you try to double-spend as part of the attack: it's fraud!
The court system isn't run by idiots who will just shrug their shoulders because you thought you found a loophole.
They would instead laugh at your "clever" loophole and throw you in a cell.
Your legal defense has to convince a judge and jury. You are not going to be able to do that.