A judge is set to decide whether mayhem charges carrying a potential life sentence will remain against a Californian man who had a gang tattoo etched onto his seven-year-old son's hip.

At a preliminary hearing on Thursday, lawyers for Enrique Gonzalez and tattoo artist Travis Gorman argued that a tattoo does not meet the statute's standards of permanent disfigurement.

Enrique Gonzalez is accused of getting a tattoo on his seven-year-old son. Credit:AP

They also raised the issue of which is more painful and permanent - a quarter-sized tattoo or circumcision?

Fresno County Superior Court Judge Hillary Chittick said on Monday she wanted time to think about whether the mayhem charge was warranted.

The duo arrested in April are members of a Fresno street gang. They also are charged with crimes related to furthering gang activities.

AP