The FA confirmed the French midfielder has been charged after allegedly kicking out at the Seagulls' Egyptian defender Adam El-Abd.
FA statement: "Newcastle United midfielder Yohan Cabaye has been charged with violent conduct following an incident in the FA Cup fourth round tie against Brighton Hove Albion.
"Cabaye was involved in an incident involving Brighton's Adam El-Abd during the FA Cup tie at the Amex Stadium on Saturday 28 January.
"Cabaye has until 6pm on Tuesday, January 31 2012 to respond to the charge."
Although the referee gave nothing at the time, the ban is the same as a straight red card.
The 26-year-old faces a three-match ban if he accepts or is subsequently convicted of the charge, and Newcastle are well aware that the penalty could be increased if he decides to fight the allegation and fails.
Should Cabaye plead guilty, he would miss Wednesday night's Barclays Premier League trip to Blackburn, Sunday's home clash with Aston Villa and the tough visit to Tottenham the following weekend.
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