What are the Fifth Amendment rights? A$AP Rocky decides against testifying in court in his gun assault trial

A$AP Rocky Appears In Court For Felony Assault Charges - Source: Getty
A$AP Rocky leaves Los Angeles court amid felony assault trial. (Image via Getty/Frazer Harrison)

Rapper A$AP Rocky asserted his Fifth Amendment rights on Tuesday during his ongoing court proceedings, where he confronted two felony counts of assault with a semiautomatic firearm.

During the court hearing, as reported by USA Today, the rapper decided against testifying in the media-hungry trial, saying, "Absolutely, your honor" when probed by Superior Court Judge Mark Arnold if he had conferred with his lawyers about his rights. Rocky affirmed that he would be invoking his Fifth Amendment right to silence.

As described by the Cornell Law School, in criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination." This means that individuals have the right to say no to testifying should they need to.


Everything we know about A$AP Rocky's trial: Rapper faces up to 24 years in jail if convicted

As reported by USA Today:

"You understand you have a right to get on the stand and give your side of the case," Superior Judge Mark Arnold told Rocky. "Also, you have a right under the Fifth Amendment of the United States Constitution not to testify. You cannot be compelled to testify." The judge continued, "It's totally your decision to either get on the stand or waive your right to testify."

Rocky replied, noting that he "wants his right to not testify." Per the outlet, he was seated at the defense table next to his legal counsel, Joe Tacopina. The latter then rested the defense's case.

According to WDSU, A$AP Rocky departed the courthouse a few hours later. Thursday morning will see the closing arguments, and jurors can begin deliberating the afternoon of that day.

As reported by The Associated Press this Monday, Tacopina said that A$AP Rocky would either take the stand on Tuesday or the defense would rest its case. Conversely, the prosecution said their team was already preparing for the rapper's possible testimony.

At the time, he said that Rocky was "eager to tell his story. He would love the opportunity to do so," but as reported by AP, "subjecting a defendant to cross-examination is often a major risk in criminal cases." Per the outlet, the attorneys were prohibited from making any statements outside of court this Monday as the judge mandated that they not speak to the media.


A$AP Rocky now faces up to 24 years in prison should he be found guilty after declining to accept the plea deal that would have culminated in just 180 days in jail.

Edited by Priscillah Mueni
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