An attorney was in court Monday with his ability to practice law on the line.

Matthew Albert was originally charged with third-degree assault and criminal obstruction of breathing after an alleged physical altercation with his ex girlfriend. 

He’s now facing two additional misdemeanors and a felony for allegedly approaching the victim, despite an order of protection and asking her to fill out a false affidavit about the original assault. 

If convicted, he could be disbarred. 

Albert has been an attorney in many high-profile cases, including representing the family of India Cummings, the 27-year-old Rochester woman whose death spurred protests and a wrongful death lawsuit against Erie County.

He also served as an assistant DA in Erie County from 2008 to 2013. 

As a member of the bar, he will most likely face the attorney grievance committee, even if he’s acquitted of all charges he could lose his law license.

When he was originally charged, Albert posted $5,000 bail, but because of the additional charges the prosecution asked for that bail to be raised to $25,000. The judge did not see Albert as a flight risk so bail was not changed.