What is the difference between criminal contempt and civil contempt?

This view of the law misreads the function of civil and criminal contempt. The one is coercive, to compel obedience to a lawful court order; the other is retributive, to punish for an offense against the public and to vindicate the power of the court. An individual who refuses obedience to a valid order is subject to both civil and criminal contempt for the same acts. Yates v. United States, 355 U.S. 66, 74, 78 S.Ct. 128, 133, 2 L.Ed.2d 95, 102, (1957).

The power to impose coercive imprisonment in a civil contempt proceeding is limited by the individual's ability to comply with the court's order. When the grand jury is discharged, confinement for civil contempt must terminate because the possibility of compliance has ended. Shillitani v. United States, 384 U.S. 364, 371, 86 S.Ct. 1531, 1536, 16 L.Ed.2d 622, 627-28 (1966).

Prosecution for criminal contempt rests on a different footing. The public interest in orderly government demands respect for compliance with court mandates. Thus, to disregard a court order may at the same time subject an individual civil contemnor to criminal contempt proceedings for his violation of the law. A trial court ordinarily first applies the coercive remedy of civil contempt and only makes use of the criminal sanction when the disobedience continues. But there is no requirement that a defendant be warned specifically or have notice that his conduct could be visited with a criminal as opposed to a civil sanction. United States v. Joyce, 498 F.2d 592, 595 (7th Cir. 1974). "One who defies the public authority and willfully refuses his obedience, does so at his peril." United States v. United Mine Workers of America, 330 U.S. 258, 303, 67 S.Ct. 677, 701, 91 L.Ed. 884, 918 (1947).