Manchester City have asked the FA to change the violent conduct charge which threatens to land Shaun Wright-Phillips with a three-match ban.
City successfully argued for more time to respond to the case against Wright-Phillips, allowing the England star to play in the 1-0 win over Middlesbrough on Saturday afternoon.
The FA have decided to act after referee Martin Atkinson claimed he would have sent Wright-Phillips off at Stoke last weekend if he had seen the City man kick out at Rory Delap in relation for the tackle which saw him dismissed in the first-half.
Blues boss Mark Hughes accepts Wright-Phillips was wrong. But he does not feel it is fair that his player will suffer the same punishment as Delap, who twice cynically booted his opponent.
"We know Shaun retaliated but we have asked the FA to look at it again," said Hughes.
"We have made various representations to maybe having the charge changed from violent conduct to something less. How successful we are, we will have to wait and see."
The FA will hear the case on Monday morning, although it seems City's pleas are likely to fall on deaf ears.
If that proves to be the case, Wright-Phillips will miss three successive Premier League away games, against Portsmouth, Liverpool and West Ham.