Yes, although jail time for undue influence is rare.
In California, jail or prison time generally arises only when the conduct underlying the undue influence also constitutes a criminal offense, such as certain forms of elder or dependent adult financial abuse under the Penal Code. This typically involves particularly serious misconduct, such as threats, violence, or other unlawful actions, and arises in cases where liability is clear and undisputed.
That said, most undue influence cases result in civil rather than criminal remedies. Although civil remedies do not typically involve incarceration, they do often carry significant financial consequences. A person could be ordered to return property, lose an inheritance obtained through undue influence, pay damages, or potentially pay the opposing party’s attorney’s fees and costs.
When criminal charges are warranted, the potential sentence depends on the specific offense and whether it is charged as a misdemeanor or felony.
